Opinion
Case No. 2:12-cv-01190-JCM-GWF
03-01-2013
JOSEPH CHIDI ANORUO, Plaintiff, v. ERIK K. SHINSEKI, Defendant.
ORDER
Motion to Strike Amended
Complaint (#41)
This matter comes before the Court on Defendant's Motion to Strike Amended Complaint (#41), filed on February 28, 2013. On January 15, 2013, the District Judge granted Defendant's Motion (#4), dismissing portions of Plaintiff's original Complaint (#1). See Order, Doc. #34. The Court advised Plaintiff that if he chooses to amend his Complaint, he may only assert claims that relate to "the non-selection for the Clinical Pharmacy Manager-Oncology position," and that he must first seek leave in accordance with Local Rule 15-1. See id. at 8:21-9:3. Plaintiff filed an Amended Complaint (#39) on February 12, 2013 without first seeking leave. Furthermore, Plaintiff re-alleges claims the District Judge dismissed with prejudice in the January 15 Order (#34). See Amend. Compl., Doc. #39 at 3-5. Accordingly,
IT IS HEREBY ORDERED that Defendant's Motion to Strike Amended Complaint (#41) is granted.
IT IS FURTHER ORDERED that Plaintiff's Amended Complaint (#39) is stricken.
IT IS FURTHER ORDERED that in the event Plaintiff elects to seek leave to file an amended complaint, he may do so on or before March 14, 2013.
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GEORGE FOLEY, JR.
United States Magistrate Judge