Johnson v. City of Aberdeen, Mississippi

Filing 27

ORDER granting 17 Motion to Amend, denying as moot 14 Motion to Dismiss for Failure to State a Claim without prejudice. Plaintiff must file his amended complaint on the docket within seven days. Signed by District Judge Sharion Aycock on 12/11/2017. (dbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
LEE JOHNSON
V.

PLAINTIFF
CIVIL ACTION NO. 1:17-CV-27-SA-DAS

CITY OF ABERDEEN, MISSISSIPPI

DEFENDANT
ORDER

Lee Johnson filed his Complaint [1] in this Court on February 17, 2017 against his
employer, the City of Aberdeen, Mississippi. The City filed an Answer [7], and subsequently filed
a Motion to Dismiss [14] for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6),
or in the alternative for summary judgment. Plaintiff Johnson responded by filing a Motion to
Amend [17] his complaint.
In part because the City does not oppose the Plaintiff’s motion to amend, and in part
because leave to amend “should be freely given” under Federal Rule of Civil Procedure 15, the
Plaintiff’s Motion to Amend [17] is GRANTED. See FED. R. CIV. P. 15(a). The Plaintiff must file
his amended complaint on the docket within seven days of this issuance of this order.
The City’s Motion to Dismiss [14] is DENIED as MOOT without prejudice to refiling of
the same.
SO ORDERED on this the 11th day of December, 2017.
/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE