SHOCKLEY v. BARBEE et al

Filing 17

ORDER GRANTING 12 Motion to Amend/Correct; finding as MOOT 6 Motion to Dismiss for Failure to State a Claim. The Clerk's Office is DIRECTED to refile [16-2] Attachment A as the Amended Complaint in this action. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/1/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ROBERT LEE SHOCKLEY, JR.,

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Plaintiff,
v.
JIMMY BARBEE, et al.,
Defendants.

CIVIL ACTION NO. 5:15-CV-452 (MTT)

ORDER
The Plaintiff, proceeding pro se, has moved for leave to “amend case caption,”
which the Court construes as a motion for leave to amend under Federal Rule of Civil
Procedure 15. (Doc. 12). The Plaintiff seeks to add as a defendant Bibb County Sheriff
David Davis in his official capacity and dismiss Defendants Bibb County Sheriff’s Office,
Jimmy Barbee, Brady Fields, Russell Nelson, and Henderson Carswell. (Docs. 12;
12-1; 16-2). The Defendants do not object to the amendment. (Doc. 14 at 4).
Moreover, the amendment will make the Defendants’ pending motion to dismiss moot.
Accordingly, the Plaintiff’s motion is GRANTED, and the Defendants’ motion to dismiss
(Doc. 6) is MOOT. The Clerk’s Office is DIRECTED to refile Attachment A (Doc. 16-2)
as the Amended Complaint in this action.
SO ORDERED, this 1st day of June, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT