Davis v. United States Marshals Service et al

Filing 30

ORDER finding as moot 10 Motion to Dismiss for Lack of Jurisdiction; finding as moot 10 Motion to Dismiss for Failure to State a Claim; granting 26 Motion to Amend/Correct. Signed by District Judge Louis Guirola, Jr on 9/26/17. (kw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JEFFREY K. DAVIS
v.

PLAINTIFF
CAUSE NO. 3:16CV300-LG-RHW

UNITED STATES OF AMERICA MARSHAL
SERVICE, ET AL.

DEFENDANTS

ORDER GRANTING MOTION TO AMEND COMPLAINT,
LIFTING STAY, AND DENYING MOTION TO DISMISS AS MOOT
THIS CAUSE comes before the Court for consideration of two motions: the
[10] Motion to Dismiss for Lack of Jurisdiction filed by the United States Marshal
Service, and the [26] Motion to Amend/Correct Complaint filed by Plaintiff Jeffrey
Davis. After review of the documents, it is apparent that the proposed amended
complaint aims to correct pleading deficiencies identified in the motion to dismiss.
Because this case is in its early stages, and leave to amend should be freely given
under Federal Rule of Civil Procedure 15(a), it is the Court’s opinion that the
plaintiff’s request to file an amended complaint should be granted. Adjudication of a
motion to dismiss addressing the allegations of the original complaint would serve
no purpose, and accordingly the motion to dismiss will be denied as moot. The stay
that was imposed by Order dated May 8, 2017 (ECF No. 12) will be lifted, as there is
no longer a motion challenging the Court’s subject-matter jurisdiction.
IT IS THEREFORE ORDERED AND ADJUDGED that the [10] Motion to
Dismiss for Lack of Jurisdiction is DENIED AS MOOT.
IT IS FURTHER ORDERED AND ADJUDGED that the [26] Motion to
Amend/Correct Complaint is GRANTED. Plaintiff shall promptly file an amended

complaint in the form of the proposed amended complaint attached as an exhibit to
his Motion.
IT IS FURTHER ORDERED AND ADJUDGED that the stay previously
imposed by Order dated May 8, 2017, is LIFTED.
SO ORDERED AND ADJUDGED this the 26th day of September 2017.
s\

Louis Guirola, Jr.

Louis Guirola, Jr.
Chief U.S. District Judge