BOWEN v. HUMPHREY et al

Filing 49

ORDER GRANTING 46 Motion to Withdraw Document; GRANTING 48 Motion for Leave to File; DENYING as moot 11 Motion to Dismiss; DENYING as moot 14 Motion to Dismiss Complaint. The Plaintiff is instructed to promptly file as his amended compla int the exhibit [48-1] attached to his motion. Upon the filing of the Plaintiff's amended complaint, the Defendants may file a responsive motion or pleading within the time provided by the Federal Rules of Civil Procedure. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 2/3/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WALKER D. BOWEN, as the
administrator of the estate of
TERRANCE DESMOND BOWEN,
Plaintiff,
v.
CARL HUMPHREY, DOUG
UNDERWOOD, ANTHONY BROOKINS,
CAGER EDWARD DAVIS, and BRUCE
REX SCHOOLCRAFT, D.O., in their
individual capacities,
Defendants.

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CIVIL ACTION NO. 5:13-CV-256 (MTT)

ORDER
Before the Court is the Plaintiff’s motion for leave to file an amended complaint.
(Doc. 48). A party may amend its pleading with leave of the court, which should be
freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). Consequently, the
Plaintiff’s motion is GRANTED.1 The Plaintiff is instructed to promptly file as his
amended complaint the exhibit (Doc. 48-1) attached to his motion.
Because the Plaintiff’s amended complaint supersedes his original complaint, the
Defendants’ motions to dismiss (Doc. 11; Doc. 14) his original complaint are DENIED
as moot. Upon the filing of the Plaintiff’s amended complaint, the Defendants may file
a responsive motion or pleading within the time provided by the Federal Rules of Civil
Procedure.

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The Plaintiff’s motion to withdraw (Doc. 46) his previous attempt to amend his complaint is also
GRANTED. Accordingly, Doc. 43 is withdrawn.

SO ORDERED, this 3rd day of February, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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