Knox v. Powers et al

Filing 12

ORDER granting 7 Motion to Amend/Correct; denying 9 Motion to Supplement; granting 11 Motion to Dismiss. Signed by Chief Judge David R. Herndon on 6/5/09. (eed)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHRISTOPHER KNOX, Plaintiff, vs. DR. MARVIN POWERS, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL NO. 09-cv-341-DRH

MEMORANDUM AND ORDER HERNDON, Chief Judge: Before the Court is Plaintiff's motion for leave to file a third amended complaint (Doc. 7), along with his proposed pleadings. This motion is GRANTED; the Clerk shall file the third amended complaint. It follows that Plaintiff's motion to voluntarily dismiss the second amended complaint and proceed on third amended complaint (Doc. 11) is GRANTED. Finally, Defendants Bartley, Houston, Osman, Caliper and Moore have filed a motion to supplement the record (Doc. 9). They wish to add to the record their motion to dismiss the second amended complaint that was originally filed in state court, but did not become part of the record when the action was removed to this District. Because the second amended complaint is now superceded, that motion to dismiss would be moot; thus, the instant motion is DENIED. IT IS SO ORDERED. DATED: June 5, 2009. /s/ DavidRHerndon CHIEF JUDGE UNITED STATES DISTRICT COURT