Selvester v. State of California, et al.

Summary

The United States District Court for the Eastern District of California granted plaintiff John Casey Selvester’s motion to file a second amended complaint one day late. The court deemed the second amended complaint operative and denied the previously filed motions to dismiss as moot. The court also directed docket updates concerning voluntarily dismissed defendants and required the remaining defendants to respond within 21 days.

Holdings

1. The court granted plaintiff leave to file the second amended complaint one day late and deemed it the operative complaint.
2. The defendants' previously filed motions to dismiss were denied as moot because the second amended complaint superseded the prior operative complaint.
3. The Clerk was directed to terminate defendant Growney in light of plaintiff's notice of voluntary dismissal.

Questions Presented

1. Whether plaintiff should be permitted to file a second amended complaint one day after the court-ordered deadline.
2. Whether defendants' pending motions to dismiss should remain pending after plaintiff filed a second amended complaint.
3. Whether defendant Growney should be terminated following plaintiff's notice of voluntary dismissal.

Disposition

other