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Alsaifullah v. Carter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 13, 2007

TALIB ALSAIFULLAH, PLAINTIFF,
v.
JUDGE WILLIAM CARTER, DEFENDANT.

The opinion of the court was delivered by: David R. Homer, U.S. Magistrate Judge

DECISION and ORDER

Presently before the Court is an amended complaint filed by plaintiff Talib Alsaifullah. Dkt. No. 13. The Court notes that plaintiff filed this amended complaint as of right pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, which provides, in pertinent part, that a party may amend his pleading "once as a matter of course at any time before a responsive pleading is served."*fn1

In his amended complaint, plaintiff alleges that the defendant threatened to assault him during the course of plaintiff's criminal proceeding. Dkt. No. 13 at 3.

WHEREFORE, it is hereby

ORDERED, that the original of such amended complaint (Dkt. No. 13) shall supersede and replace in toto the original complaint filed herein, and it is further

ORDERED, that plaintiff serve a copy of such amended complaint on counsel for defendant Carter within thirty (30) days of the filing date of this Order, and it is further

ORDERED, that a formal response to plaintiff's amended complaint be filed by the defendant or his counsel as provided for in Rule 12 of the Federal Rules of Civil Procedure, and it is further

ORDERED, that the Clerk serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.


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