Opinion
Case No. 2:13-cv-00028-MMD-GWF
01-23-2013
CHRIS HOWARD, Plaintiff, v. DAVID FOLEY, et al., Defendants.
ORDER
Motion to Strike (#4)
This matter comes before the Court on Plaintiff's Motion to Strike Exhibit A to his Complaint (#4), filed on January 17, 2013. Plaintiff filed his Complaint (#1) on January 7, 2013. Defendants have not yet filed an answer. Plaintiff now represents that he inadvertently filed as Exhibit A to his Complaint a document upon which he intended to make redactions. Plaintiff therefore seeks to strike Exhibit A from his Complaint. Under Federal Rule of Civil Procedure 15(a)(1)(B), Plaintiff is also permitted to amend his Complaint one time as a matter of course until 21 days after being served with an answer. Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Ex Parte Motion to Strike Exhibit A to Plaintiff's Complaint (#4) is granted.
IT IS FURTHER ORDERED that Exhibit A to Plaintiff's Complaint (#1) is stricken.
______________________
GEORGE FOLEY, JR.
United States Magistrate Judge