Wilson v. Lombardi et al

Filing 21

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff shall file an amended complaint on or before December 4, 2015. IT IS FURTHER ORDERED that defendants motion to dismiss [Doc. # 16 ] is DENIED as moot, without prejudice. Signed by District Judge Catherine D. Perry on 11/03/15. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
PATRICK WILSON,
Plaintiff,
v.
GEORGE A. LOMBARDI,
Defendant.

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No. 2:15-CV-45-CDP

MEMORANDUM AND ORDER
This matter is before the Court on review of the file. John M. Simon of The
Simon Law Firm, P.C., has now been appointed to represent plaintiff in this case
[Doc. #20]. The Court will grant counsel time to file an amended complaint, and
in so doing, he should state the capacity in which the defendants are being sued
(i.e., individual and/or official capacities). Plaintiff is reminded that the amended
complaint will supersede his previously-filed pleadings and will be the only
complaint this Court reviews. In addition, because plaintiff will be filing an
amended complaint, the Court will deny as moot defendants’ motion to dismiss
[Doc. #16].
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff shall file an amended complaint
on or before December 4, 2015.

IT IS FURTHER ORDERED that defendants’ motion to dismiss [Doc. #16]
is DENIED as moot, without prejudice.
Dated this 3rd day of November, 2015.

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UNITED STATES DISTRICT JUDGE

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