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Daniel v. Padilla

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 3, 2010

MELVIN DE VAN DANIEL, PLAINTIFF,
v.
B. PADILLA, ET AL., DEFENDANTS.

ORDER

Plaintiff proceeds in this action on an amended complaint filed June 6, 2008. On October 20, 2009, plaintiff filed a motion to amend, which was denied by the undersigned on November 9, 2009 for failure to file a copy of his amended complaint. On November 18, 2009, plaintiff filed an amended complaint but did not file a motion to amend.

Once an answer has been filed, a party may amend a pleading only by leave of court or by written consent of the adverse party. See Fed. R. Civ. P. 15(a). The procedure for amending a complaint are set forth in Local Rule 137(c). An answer was filed on January 23, 2009. Plaintiff has filed neither a motion to amend nor a stipulation to amend the complaint signed by all parties. Plaintiff's amended complaint will therefore be stricken, and this action will proceed on the amended complaint filed June 6, 2008.

Accordingly, IT IS HEREBY ORDERED that plaintiff's November 18, 2009 amended complaint is stricken.

20100303

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