Burgess v. Clark County Jail Sheriff Office

Filing 13

ORDER granting 12 Motion to Amend. Signed by Magistrate Judge J Richard Creatura.(CMG)cc: Plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICHARD BURGESS,

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Plaintiff,

CASE NO. 3:15-CV-05895-RJB-JRC
ORDER GRANTING MOTION TO
AMEND

v.
CLARK COUNTY,
Defendant.

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Plaintiff Richard S. Burgess, proceeding pro se and in forma pauperis, filed this civil

17 rights complaint pursuant to 42 U.S.C. § 1983. Before the Court is plaintiff’s Motion to Amend
18 Original Complaint. Dkt. 12.
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Pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure,
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 responsive pleading or 21 da ys after
service of a motion under Rule 12(b), (e), or (f), whichever is
earlier.

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ORDER GRANTING MOTION TO AMEND - 1

1 Plaintiff filed his motion to amend prior to service and prior to the filing of a responsive
2 pleading. See Docket. It appears that plaintiff filed this motion in response to the Court’s
3 February 10, 2016 order to show cause in which the Court declined to serve plaintiff’s original
4 complaint, but granted plaintiff leave to file an amended complaint. Dkt. 10. Accordingly,
5 plaintiff’s motion to amend is granted.
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The Clerk is directed to separately docket plaintiff’s motion to amend complaint (Dkt. 12)

7 as plaintiff’s amended complaint.
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Dated this 16th day of March, 2016.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING MOTION TO AMEND - 2