Easterling v. Henderson

Full title: WARREN EASTERLING, Petitioner, v. CARL HENDERSON, Judge of the Dayton…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: Mar 19, 2014

Case No. 3:14-CV-064 (S.D. Ohio Mar. 19, 2014)

Opinion

Case No. 3:14-CV-064

03-19-2014

WARREN EASTERLING, Petitioner, v. CARL HENDERSON, Judge of the Dayton Municipal Court Respondent.

Michael R. Merz

District Judge Thomas M. Rose

Magistrate Judge Michael R. Merz

DECISION AND ORDER STRIKING SECOND AMENDED

COMPLAINT

Petitioner Warren Easterling has filed what he captions as Amended Complaint with One Federal Question (Doc. No. 9). Petitioner previously filed an amended complaint on March 7, 2014 (Doc. No. 6).

Fed. R. Civ. P. 15 provides that a party may amend a pleading "once as a matter of course . . . ." Thereafter amendments can be made only with written consent of the opposing party or with leave of court. Easterling filed his second Amended Complaint without written consent of Judge Henderson and without leave of this Court.

Accordingly, the second Amended Complaint (Doc. No. 9), is STRICKEN. March 19, 2014.

Michael R. Merz

United States Magistrate Judge