Call it a "Zeroth" Amended complaint

Our blogger updated his original complaint within 21 days of service as a matter of right. Here's his First Amended Complaint.

Interestingly, for you legal types, that's the "second" time our blogger had amended his complaint without leave. He did it once, BEFORE service to update quite a few things. (It had been two years to the Ninth Circuit and back.). And yet he was STILL able to amended it within 21 days after service as a matter of right.


It turns out that you can do that. Federal Rule of Civil Procedure 15(a) only addresses amending a complaint AFTER service.

Although Judge Sedwick didn't allow that two years ago when our blogger tried the same thing when he sued cheating Judge Mary Hamm and Judge Arthur Markham. At the time, our blogger had called his pre-service amendment his "first" amended complaint, even though it was really a zeroth amended complaint. The scumbag lawyer (IMO) on the other side, Mark Appel, argued that because our blogger called his pre-service amended complaint a "first" amended complaint, that our blogger should not be allowed a second amended complaint without leave.

It went all the way to the Ninth Circuit, who didn't want to deal with the case and dismissed it. (Our blogger has learned that even the liberal Ninth Circuit doesn't let you sue judges, even when there's a hole in their absolute immunity shield.)

So call yours a "Zeroth" amended complaint, and explain that you amended before service.

But don't believe our blogger. Read the Arizona District Court for yourself! Some other dumb pro se did the same thing. (Although he didn't use the "Zeroth" terminology. The case is Brogdon v. Phoenix Police Department.

And, of course, you can now quote Judge Teilborg in this instant case. It's Order 44-1 in 10-CV-8209 in the Arizona District. (Actually, before he recused himself (because he knew all the defendants) Judge Snow also allowed our blogger a "Zeroth" amended complaint, amending a TRO before service.)