Opinion
21-cv-650 (SRN/TNL)
06-03-2021
Joseph Anthony Favors, Plaintiff, v. Chase Bank USA, N.A.; Alltran Financial LP; and ARS National Services, Defendants.
ORDER
Tony N. Leung United States Magistrate Judge
Plaintiff Joseph Anthony Favors was previously ordered to show cause why this matter should not be dismissed as precluded by prior state-court litigation brought by Favors against the same defendants. See ECF No. 7. As part of that order to show cause, Favors was directed to submit, among other things, all complaints and amended complaints submitted by Favors in the state-court action and the order of dismissal of the state district court. Id. at 2. Favors requests additional time in which to submit these materials. See ECF No. 8 at 7-8. That request will be granted, though Favors is warned that he will not be provided an extension beyond the 60 days that he requests. Favors must submit the required state-court documents by August 3, 2021. No further requests for an extension will be granted.
Favors has also submitted a motion for leave to file an amended complaint. See ECF No. 9. The request is denied without prejudice for two reasons. First, Local Rule 15.1(b) of this District requires litigants to submit a copy of the proposed amended pleading along with any motion to amend the complaint, and Favors has not done so. Second, Favors may amend his complaint once as a matter of course at this stage of the proceedings, and therefore leave from the Court is not required for Favors to submit an amended pleading. See Fed. R. Civ. P. 15(a)(1).
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. The motion for leave to file an amended complaint of plaintiff Joseph Anthony Favors [ECF No. 9] is DENIED WITHOUT PREJUDICE.
2. The deadline for Favors to submit the pleadings and order of dismissal from the state-court proceedings cited in this Court's April 8, 2021 order to show cause is extended to August 3, 2021. No further extensions will be granted.