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LUKENS v. ANGELOZZI, 3:14-cv-00959-TC. (2015)

Court: District Court, D. Oregon Number: infdco20150128b31 Visitors: 16
Filed: Jan. 22, 2015
Latest Update: Jan. 22, 2015
Summary: ORDER THOMAS M. COFFIN, Magistrage Judge. Plaintiff's Motion to issue summons (#13) is denied as moot. [defendants have filed waivers of service]. Plaintiff's Motion for Temporary Restraining Order (#9) is denied as moot. [Plaintiff is no longer incarcerated]. Plaintiff's motion to file an amended complaint (#8) was allowed by Judge Hernandez Order (#50). However, that order apparently applied to the proposed amended complaint attached to plaintiff's motion (ie. Document 8-1). Plaintiff file
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ORDER

THOMAS M. COFFIN, Magistrage Judge.

Plaintiff's Motion to issue summons (#13) is denied as moot. [defendants have filed waivers of service].

Plaintiff's Motion for Temporary Restraining Order (#9) is denied as moot. [Plaintiff is no longer incarcerated].

Plaintiff's motion to file an amended complaint (#8) was allowed by Judge Hernandez Order (#50). However, that order apparently applied to the proposed amended complaint attached to plaintiff's motion (ie. Document 8-1). Plaintiff filed a Second Motion to file an Amended Complaint (#12). The proposed complaint attached to that motion differs slightly from the Amended Complaint (#8-1). Accordingly, plaintiff's Second Motion to File an Amended Complaint (#12) is allowed. The Amended Complaint (#12-1) is the operative pleading before the court. No further amendments will be allowed.

Defendant Multnomah County Sheriff's Motion to Dismiss (#49) is denied without prejudice to re-file as it may apply to plaintiff (second) amended complaint (#12-1).

Defendants' Motion to Dismiss (#57) is denied without prejudice tore-file to the extent it may apply to plaintiff's (second) Amended Complaint (#12-1).

Source:  Leagle

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