Lankford et al v. United States Department of Justice
ORDER by Chief Magistrate Judge Karen B. Molzen finding as moot 6 Plaintiffs' Motion to Amend/Correct. (KBM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID LANKFORD and
LEE ANN LANKFORD,
CIV 17-0668 KBM/GBW
UNITED STATES DEPARTMENT
THIS MATTER came before the Court on Plaintiffs’ Motion to Amend Complaint
(Doc. 6) filed July 7, 2017. Pursuant to Federal Rule of Civil Procedure 15(a)(1), “[a]
party may amend its pleading once as a matter of course within: (A) 21 days after
serving it, or (B) if the pleading is one to which a responsive pleading is required, 21
days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R.
Civ. P. 15(a). According to the docket in this case, Plaintiffs have not yet served their
original complaint, which was filed on June 21, 2017. See Doc. 1. Accordingly, they do
not require leave of this Court to amend it once as a matter of course at this stage of the
THEREFORE, the Court finds Plaintiff’s Motion to Amend Complaint to be moot.
Plaintiffs are free to file their proposed Amended Complaint at any point prior to a
defendant filing a responsive pleading.
UNITED STATES CHIEF MAGISTRATE JUDGE
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