Theriot v. Durano

Filing 15

ORDER denying 3 Motion for Pretrial Settlement Conference; denying 6 Motion for Phone Conference; granting 7 Motion to Amend Complaint. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KEVIN THERIOT,
Plaintiff,
CASE NO. 5:12-CV-11629
HONORABLE JOHN CORBETT O’MEARA

v.
DURANO, et al.,

Defendants.
____________________________________/
ORDER GRANTING MOTION TO AMEND THE COMPLAINT, BUT
DENYING MOTIONS FOR SETTLEMENT AND TELEPHONE CONFERENCES
Michigan prisoner Kevin Theriot (“Plaintiff”) has filed a pro se civil rights complaint
pursuant to 42 U.S.C. § 1983, which is currently pending for review. This matter is before the Court
on Plaintiff’s motion to amend the complaint, as well as his motions for settlement and telephone
conferences. Plaintiff has submitted a proposed amended complaint with his motion to amend the
complaint.
Under the Federal Rules of Civil Procedure, a party may amend his or her pleadings once
as a matter of course within 21 days after serving it or within 21 days after service of a responsive
pleading. See Fed. R. Civ. P. 15(a)(1). Since a responsive pleading has not yet been ordered or filed
in this case, Plaintiff has the right to amend the complaint without seeking permission from the
Court. Accordingly, the Court GRANTS Plaintiff’s motion to amend and accepts his amended
complaint for further review and consideration. The Court makes no determination as to the merits
of the amended complaint at this time.

Additionally, because the Court must undertake a preliminary review of the amended
complaint to determine whether summary dismissal or service of the complaint is warranted,
Plaintiff’s requests for a settlement conference and telephone conference are premature. Neither a
settlement conference nor a telephone conference are necessary at this juncture of the proceedings.
Accordingly, the Court DENIES Plaintiff’s motions for settlement and telephone conferences.
IT IS SO ORDERED.
s/John Corbett O’Meara
United States District Judge

Date: June 1, 2012

I hereby certify that a copy of the foregoing document was served upon the parties of record
on this date, June 2, 2012, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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