Nforbi v. Candelaria et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BRENDAN NGWA NFORBI,
Plaintiff,
v.
DIANA CANDELARIA, et al.,
Defendants.
Case No. 26-cv-08272-RFL
ORDER GRANTING MOTION TO
STRIKE
Re: Dkt. No. 17
Plaintiff Brendan Ngwa Nforbi, who is representing himself in this action, filed his initial
Complaint on August 10, 2026. (See Dkt. No. 1.) On August 14, Nforbi filed an amended
complaint, which Nforbi says was filed in error. (See Dkt. Nos. 5, 10.) On August 17, Nforbi
filed the correct First Amended Complaint.1 (See Dkt. Nos. 6, 10.) Nforbi has filed a certificate
showing service of the First Amended Complaint on Defendants Diana Candelaria and Steve
Gordon on August 21, 2026, by mail. (Dkt. No. 9.) Defendants filed an Answer on September
4, which addresses only the initial Complaint, and not the First Amended Complaint. (Dkt. No.
11.) On September 9, Nforbi moved to strike the Answer for improperly addressing the wrong
complaint. (Dkt. No. 17.) Defendants have not filed an opposition, which was due September
23, 2026.
Under the Federal Rules of Civil Procedure, a plaintiff may amend their complaint
once as a matter of course within “21 days after service of a responsive pleading or 21 days after
1 Defendants have not objected to this filing. In light of this, and because Nforbi is proceeding
without representation and has stated that the correct First Amended Complaint was the August
17 filing (Dkt. No. 6), the Court construes the August 14 filing (Dkt. No. 5) to be the result of
technical error and orders it stricken from the docket.
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service of a motion under Rule 12(b), (e), or (f).” Fed. R. Civ. P. 15(a)(1)(B). Nforbi filed the
First Amended Complaint within this timeframe, meaning the First Amended Complaint became
the operative complaint upon filing. Since Defendants answered only the superseded original
Complaint and did not address the operative First Amended Complaint, the Motion to Strike is
GRANTED. Defendants are ordered to file a response to the First Amended Complaint by
October 27, 2026.
IT IS SO ORDERED.
Dated: October 13, 2026
RITA F. LIN
United States District Judge
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