Opinion
Case No. 03-CV-6450, (LAK/AJP).
March 8, 2005
PLAINTIFF'S MOTION FOR WITHDRAWAL OF AMENDED COMPLAINT; and JUDICIAL NOTICE OF PRESERVATION OF OF THE ORIGINAL COMPLAINT
Plaintiff Darlington Amadasu submits this motion for withdrawal of the Amended Complaint (Dkt. 51) and for court to take judicial notice of plaintiff's preservation, reservation and standing on his original complaint (Dkt.2). The reasons for the withdrawal are set forth in the following memorandum.
Plaintiff incorporate by reference Plaintiff's Notice of His Stand On His Original Complaint and Declaration dated 2/21/05 in support thereof, both of which were served on all defendants on 2/22/05.
MEMORANDUM
Plaintiff Darlington Amadasu filed original complaint (Dkt.2) in June 2003 with the Court's Pro se Office, thence filed at the Court Clerk Office on 08/25/03 and served on all the defendants. Three of the nineteen defendants appeared, served and file answers responsive to the original complaint (Dkts. 11, 12, and 14) within the 20 days under Rule 12(a)(1).
The Amended Complaint Is Redundant Warranting Withdrawal Or Being Stricken
Plaintiff never sought leave of the court, never chose and never intended to involuntarily amend his original complaint then under threat, intimidation and coercion of the Magistrate Judge. Plaintiff never intended and still does not intend that the involuntary and coerced amended complaint (Dkt.51) displaces or supersedes the original complaint because the purported amended complaint specifically refers to, adopts and incorporates by reference all factual allegations in the original complaint, thus the portions of the original complaint were/are preserved at all times and remain legally effective. The ***MISSING TEXT***
SO ORDERED.