Nasious v. Robinson

Full title: JOHN NASIOUS Plaintiff. v. SHERIFF T. GRAYSON ROBINSON — Arapahoe County…

Court: United States District Court, D. Colorado

Date published: Mar 2, 2009

Civil Action No. 08-cv-00262-CMA-KMT (D. Colo. Mar. 2, 2009)

Opinion

Civil Action No. 08-cv-00262-CMA-KMT.

March 2, 2009

ORDER

KATHLEEN TAFOYA, Magistrate Judge

This matter is before the court on review of Plaintiff's "Amended Prisoner Complaint" filed February 27, 2009 (Doc. No. 40). The record in this case shows Plaintiff filed his first complaint on February 7, 2008 (Doc. No. 2), and his first amended complaint on April 1, 2008 (Doc. No. 11). An Answer to the second amended complaint was filed by Defendant Sheriff J. Grayson Robinson on June 24, 2009 (Doc. No. 21).

Rule 15 states a party may amend its pleadings once as a matter of course before being served with a responsive pleading. Fed.R.Civ.P. 15(a)(1)(A). In all other cases, a party may amend its pleadings only with the opposing party's written consent or the court's written leave. Fed.R.Civ.P. 15(a)(2). There is no record that the defendants in this case gave their written consent for the filing of the third amended complaint, and Plaintiff did not seek leave of the court before filing it. Therefore, it is

ORDERED that Plaintiff's "Amended Complaint" filed and docketed as a "Tendered Amended Complaint" on February 27, 2009 (Doc. No. 40), is STRICKEN.