Baker v. Dragon Motel Inc ( 2024 )

1 5 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4! HEZEKIAH ESAU BAKER, Case No.: 2:23-cv-01875-GMN-NJK 5 Plaintiff, ORDER 6] [Docket No. 30] 71 DRAGON MOTEL INC., et al., 8 Defendants. 9 Plaintiff Hezekiah Esau Baker filed an amended complaint without leave of court and 10] without Defendants’ consent. Docket No. 30. “If an amended pleading can not be made as of 11} right and is filed without leave of court or consent of the opposing party, the amended pleading is 12} a nullity and without legal effect.” Hardin v. Wal-Mart Stores, Inc., 813 F. Supp. 2d 1167, 1181 13] (E.D. Cal. 2011); Westmoreland v. Lake’s Crossing Ctr., 2017 WL 6614100, at *1 n.1 (D. Nev. 14] Dec. 27, 2017) (Du, J.). A rogue amended pleading is properly stricken from the docket. See Hardin, 813 F. Supp. 2d at 1181. 16 Accordingly, the Clerk’s Office is INSTRUCTED to strike the amended complaint (Docket No. 30) from the docket.! The initial complaint remains the operative complaint. Docket 18} No. 1. 19 IT IS SO ORDERED. 20 Dated: February 28, 2024 ta fie oe Nancy J. Koppe 22 United States\Magistrate Judge 23 24 25 26) ————__"DW@/»/_> ' Because nothing herein prevents Plaintiff from properly seeking leave to amend should 27| appropriate grounds exist for doing so, this ruling is nondispositive and is fashioned as an order. See, e.g., Slocum v. Fowler, 2018 WL 4468998, at *4 (D. Nev. Sept. 18, 2018) (Hoffman, J.); Allen 28] v. Clark Cty. Detention Ctr., 2011 WL 2014780, at *1 (D. Nev. May 23, 2011) (Foley, J.).