Johnson v. Miami-Dade County

Filing 15

ORDER denying as moot 6 Motion to Dismiss; granting 12 Motion for Leave to File First Amended Complaint. Signed by Magistrate Judge John J. O'Sullivanon 11/5/2012. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-23508-CIV-LENARD/O'SULLIVAN
HARRIUS JOHNSON, Pro Se,
Plaintiff,
v.
MIAMI-DADE COUNTY,
Defendant.
______________________________/
ORDER
THIS MATTER is before the Court on the Defendant’s Motion to Dismiss and
Memorandum of Law in Support (DE # 6, 10/17/12) and the Plaintiff's Motion for Leave
to File First Amended Complaint (DE# 12, 11/05/12). Having reviewed the applicable
filings and the law, it is
ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss and
Memorandum of Law in Support (DE # 6, 10/17/12) is DENIED as moot. The plaintiff
has filed a motion for leave to amend his complaint which the Court will grant in this
Order. See Plaintiff's Motion for Leave to File First Amended Complaint (DE# 12,
11/05/12). It is further
ORDERED AND ADJUDGED that the Plaintiff's Motion for Leave to File First
Amended Complaint (DE# 12, 11/05/12) is GRANTED in accordance with this order.
Unless a motion to amend a pleading is made in bad faith or for undue delay,
constitutes dilatory conduct, or will prejudice a non-movant, leave to amend should be
given freely. See Hargett v. Valley Fed. Sav. Bank, 60 F.3d 754, 761 (11th Cir. 1995).
The undersigned finds that the defendant will not be prejudiced by permitting the
plaintiff to amend his complaint as requested. The undersigned further finds that there

is no bad faith, dilatory conduct or undue delay on the part of the plaintiff in making this
motion. The Court accepts the First Amended Complaint Attachment and Statement of
Claim (DE# 14, 11/05/12) filed on November 2, 2012. The defendant shall respond to
the amended complaint in accordance with the applicable rules.
DONE AND ORDERED in Chambers at Miami, Florida this 5th day of
November, 2012.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies to:
United States District Judge Lenard
All Counsel of Record
Copies mailed by Chambers to:
Harrius S. Johnson
11173 N. Kendall Drive #F107
Miami, FL 33176

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