Lukens v. Angelozzi

Filing 59

ORDER: Denying Motion to Dismiss 49 without prejudice. Denying Motion to Dismiss 57 without prejudice. Denying as Moot Motion for a Temporary Restraining Order 9 . Granting Motion for Leave to File Amended Complaint 12 . Document #12-1 is the operative complaint in this matter. Denying as Moot Motion to Issue Summons 13 . Signed on 1/22/2015 by Magistrate Judge Thomas M. Coffin. (plb) Corrected date filed on 1/23/2015 (plb).

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
TROY LUKENS,
Plaintiff,

3:14-cv-00959-TC

v.

ORDER

RICK ANGELOZZI, et al.,
Defendants.
COFFIN, Magistrate Judge.
Plaintiff's Motion to issue summons
moot.

(#13)

is denied as

[defendants have filed waivers of service].
Plaintiff's Motion for Temporary Restraining Order (#9)

is denied as moot.

[Plaintiff is no longer incarcerated].

Plaintiff's motion to file an amended complaint (#8) was
allowed by Judge Hernandez Order (#50).

However, that order

apparently applied to the proposed amended complaint attached
to plaintiff's motion
Second

Motion

to

(ie.

file

an

Document 8-1).
Amended

Plaintiff filed a

Complaint

(#12).

The

proposed complaint attached to that motion differs slightly

1 - ORDER

from the Amended Complaint (#8-1).

Accordingly, plaintiff's

Second Motion to File an Amended Complaint (#12) is allowed.
The Amended Complaint (#12-1) is the operative pleading before
the court.

No further amendments will be allowed.

Defendant Multnomah County Sheriff's Motion to Dismiss

(#49) is denied without prejudice to re-file as it may apply
to plaintiff (second) amended complaint (#12-1).
Defendants'

Motion to Dismiss

(#57)

is denied without

prejudice tore-file to the extent it may apply to plaintiff's
(second) Amended Complaint (#12-1) .

DATED this

~ay

of

Thomas M.
United States M gistrate Judge

2 - ORDER