IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
January 7, 2013
CLARENCE C. HOUSER, JR., PLAINTIFF,
PATRICK DONAHOE, DEFENDANT.
The opinion of the court was delivered by: Judge Cathy Bissoon
On January 3, 2013, Plaintiff filed what appears to be an amended complaint.
See Doc. 7. Because Plaintiff already once has filed an Amended Complaint as a matter of course under Federal Rule of Civil Procedure 15(a)(1), see Doc. 5, leave of Court is required for Plaintiff to make further amendment. See Fed. R. Civ. P. 15(a)(2).
Accordingly, Plaintiff's current submission (Doc. 7) hereby is construed as a request for leave to amend, and that request is granted. Because Plaintiff's submission already has been docketed at Doc. 7 as an amended complaint, the Amended Complaint is deemed filed at that number.
In addition, the Court notes that it has been unable to determine, based on Plaintiff's "Proof of Service" form (Doc. 4) filed in connection with the original Complaint, whether Defendant has been properly served in this case. Plaintiff recently has presented to the Clerk of Court a new summons, and the Clerk issued the summons to Plaintiff on January 3, 2013.
As Plaintiff already appears to be aware, this case cannot proceed until service on Defendant properly has been effectuated.
IT IS SO ORDERED.
Cathy Bissoon United States District Judge
(via First-Class U.S. Mail): Clarence C. Houser, Jr. 100 Oxford Drive, Apt. 407 Monroeville, PA 15146
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