Fannon v. Patterson et al

Filing 29

ORDER: Defendants' response to Plaintiff's amended complaint is due on or before November 4, 2013. Signed by Magistrate Judge Michael J Newman on 11/1/2013. (jwc).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHRISTIAN P. FANNON,

:

Case No. 3:13-cv-14

:

Magistrate Judge Michael J. Newman
(Consent case)

Plaintiff,
v.
DON PATTERSON, et al.,
Defendants.

:

ORDER CLARIFYING THE RESPONSE TIME
TO PLAINTIFF’S AMENDED PRO SE COMPLAINT

Plaintiff’s amended pro se complaint was docketed on October 18, 2013 and appears to
have been served upon opposing counsel earlier in October; specifically, on October 10, 2013.
See doc. 28 at PageID 205. As the Court has no way of knowing, with certainty, whether or not
service occurred on October 10th, the Court -- acting in the interest of justice -- uses the October
18th date, instead, for its date calculations.
Under Fed. R. Civ. P. 15(a)(3), Defendants’ response to the amended pro se pleading is
due within 14 days of October 18th. Pursuant to Rule 6(d), this period is extended to 17 days
because the amended complaint was served by mail. See Fed. R. Civ. P. 5(b)(2)(C). Seventeen
days from October 18, 2013 is November 4, 2013.
Accordingly, Defendants’ response to Plaintiff’s amended complaint is due on or before
November 4, 2013.
IT IS SO ORDERED.

November 1, 2013

s/ Michael J. Newman
United States Magistrate Judge