(PS) Shipley v. Yolo County Child Welfare Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DESTINY SHIPLEY, No. 2:20-cv-2262 TLN DB PS Plaintiff, v. ORDER WHITNEY KULP, et al., Defendants, 16 Plaintiff Destiney Shipley is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On December 14, 2021, defendants filed motions to dismiss. (ECF Nos. 8, 12, 13.) On January 13, 2021, plaintiff filed an amended complaint. (ECF No. 28.) Rule 15(a)(1) of the Federal Rules of Civil Procedure provides that “[a] party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Here, plaintiff’s amended complaint was filed more than 21 days after defendants filed the motions to dismiss.…