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Ewing v. Potter

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


October 15, 2010

TOMMIE EWING, PLAINTIFF,
v.
JOHN E. POTTER, POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE, DEFENDANT.

ORDER

Plaintiff, proceeding pro se and in forma pauperis, has filed an amended complaint. 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). An answer was filed on August 6, 2010. 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 disregarded and this action will proceed on the complaint filed February 22, 2010.

Accordingly, IT IS HEREBY ORDERED that plaintiff's September 7, 2010 amended complaint is disregarded.

20101015

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