Emily v. Stoneberger

Filing 9

MEMORANDUM AND ORDER re: 5 MOTION to Amend/Correct 1 DCM Complaint filed by Plaintiff Curtis D. Emily motion is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall detach and file plaintiffs proposed amended complaint [Attachment 1 to Doc. 5] as plaintiffs first amended complaint.. Signed by Honorable Rodney W. Sippel on 3/1/10. (LGK)

UNITED STATES DISTRICT COURT EA STER N DISTRICT OF MISSOURI EA STER N DIVISION CU RTIS D. EMILY, P l a i n t if f, v. V ICK IE STONEBERGER, D e fe n d a n t. ) ) ) ) ) ) ) ) )

N o. 4:10-CV-255-RWS

M EM O R A N D U M AND ORDER Before the Court is plaintiff's pre-service motion to amend his complaint [Doc. #5 ]. Because a plaintiff may amend his complaint once as a matter of course before being served with a responsive pleading, the Court will grant plaintiff's motion. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to amend his complaint [D oc. #4] is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall detach and file plaintiff's proposed amended complaint [Attachment #1 to Doc. #5] as plaintiff's first amended complaint.

R O D N E Y W. SIPPEL U N IT ED STATES DISTRICT JUDGE Dated this 1st day of March, 2010.