(HC) Mulholland v. Thompson

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGG MULHOLLAND, No. 2:21-CV-1364-DJC-DMC-P 12 Petitioner, ORDER 13 v. 14 PAUL THOMPSON., 15 Respondent. 16 17 Petitioner, a federal prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus under 28 U.S.C. § 2241. 19 On July 19, 2023, Petitioner filed an amended petition after Respondent had 20 moved to dismiss, without stipulation, and without leave of Court, in violation of Federal Rule of 21 Civil Procedure 15. Where a party files an amended pleading without the right to do so, it is 22 properly stricken by the Court. See, e.g., Hardin v. Wal-Mart Stores, Inc., 813 F. Supp. 2d 1167, 23 1181 (E.D. Cal. 2011) (striking fourth amended complaint: “If an amended pleading cannot be 24 made as of right and is filed without leave of court or consent of the opposing party, the amended 25 pleading is a nullity and without legal effect.”); Sexton v. Spirit Airlines, Inc., Case No. 2:21-cv- 26 00898-TLN-AC, 2022 WL 976914 (E.D. Cal. March 31, 2022) (striking amended complaint); 27 Guthrie v. Hurwitz, Case No. 1:18-cv-00282-AWI-BAM, 2018 WL 4005261, at *1 (E.D. Cal. 28 Aug. 20, 2018) (striking amended complaint). ] Accordingly, IT IS HEREBY ORDERED that the amended petition filed on July 2 || 19, 2023, ECF No. 34, is STRICKEN. 3 4 | Dated: August 17, 2023 Svc > DENNIS M. COTA 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28