Johnson v. USA et al

Filing 26

ORDER denying 22 Plaintiff's Motion to Stay Federal Tort Claim Act Proceedings; granting 23 Plaintiff's Motion to Amend Complaint; allowing the Defendants 60 days from the date Plaintiff files his Amended Complaint to file their Answers; and rescinding the Court's previous 21 & 25 Orders granting Defendants additional time to answer. Signed by Magistrate Judge Joe J. Volpe on 2/7/2013. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ALBERT LEE JOHNSON,
ADC #86314
v.

PLAINTIFF

5:12-cv-00361-KGB-JJV

UNITED STATES OF AMERICA, et al.

DEFENDANTS
ORDER

Plaintiff’s Motion to Stay Federal Tort Claim Act Proceedings (Doc. No. 22) is DENIED.
Plaintiff’s Motion for Leave to Amend Complaint (Doc. No. 23) is GRANTED. Plaintiff is
cautioned that an Amended Complaint renders his original Complaint without legal effect.1
Defendants shall have sixty days from the date Plaintiff files his Amended Complaint to file
their Answers.
The Court’s previous Orders granting Defendants additional time to answer/respond (Docs.
No. 21, 25) are hereby RESCINDED.
IT IS SO ORDERED this 7th day of February, 2013.

______________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

1

“An amended complaint ‘ordinarily supersedes the original and renders it of no legal
effect.’” In Home Health, Inc. v. Prudential Ins. Co. Of America, 101 F.3d 600, 603 (8th Cir.
1996), quoting International Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1994) (other
citations omitted).