Anoruo v. Shinseki

Filing 42

ORDER Granting 41 Defendant's Motion to Strike Amended Complaint. IT IS FURTHER ORDERED that 39 Plaintiff's Amended Complaint is stricken. In the event Plaintiff elects to seek leave to file an amended complaint, he may do so on or before March 14, 2013. Signed by Magistrate Judge George Foley, Jr on 3/1/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSEPH CHIDI ANORUO,

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Plaintiff,
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vs.
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ERIK K. SHINSEKI,
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Defendant.
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__________________________________________)

Case No. 2:12-cv-01190-JCM-GWF
ORDER
Motion to Strike Amended
Complaint (#41)

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This matter comes before the Court on Defendant’s Motion to Strike Amended Complaint

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(#41), filed on February 28, 2013. On January 15, 2013, the District Judge granted Defendant’s

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Motion (#4), dismissing portions of Plaintiff’s original Complaint (#1). See Order, Doc. #34. The

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Court advised Plaintiff that if he chooses to amend his Complaint, he may only assert claims that

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relate to “the non-selection for the Clinical Pharmacy Manager-Oncology position,” and that he

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must first seek leave in accordance with Local Rule 15-1. See id. at 8:21-9:3. Plaintiff filed an

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Amended Complaint (#39) on February 12, 2013 without first seeking leave. Furthermore, Plaintiff

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re-alleges claims the District Judge dismissed with prejudice in the January 15 Order (#34). See

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Amend. Compl., Doc. #39 at 3-5. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Strike Amended Complaint (#41)
is granted.

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IT IS FURTHER ORDERED that Plaintiff’s Amended Complaint (#39) is stricken.

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IT IS FURTHER ORDERED that in the event Plaintiff elects to seek leave to file an
amended complaint, he may do so on or before March 14, 2013.
DATED this 1st day of March, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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