Hearn

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA William HEARN, Case No.: 22-cv-0255-AGS-DDL Plaintiff, ORDER ADOPTING REPORT AND

RECOMMENDATION (ECF 30) AND

v.

DENYING MOTION TO DISMISS AS

RJD WARDEN, et al., MOOT (ECF 15) Defendants. 8 Defendants’ motion to dismiss the complaint turns, in part, on the “prison mailbox” rule. The issue is whether the plaintiff-inmate timely delivered an amended complaint to prison staff. If so, the original complaint becomes a nullity, and the defense’s motion to dismiss it must be denied as moot. If not, the original complaint is still operative, and the Court may proceed to the merits. BACKGROUND Plaintiff-inmate William Hearn sued prison officials for various civil-rights claims. On September 29, 2022, defendants moved to dismiss the complaint. (ECF 15.) The parties dispute whether Hearn filed an amended complaint within the 21-day deadline for amending “as a matter of course.” See Fed. R. Civ.…