Jones Bey v. Bank of America

Filing 17

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Amend Original Complaint 16 is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket Plaintiff's Amended Complaint, which was submitted as an attachment to his motion for leave. (Doc. No. 16-2). IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Complaint 11 is DENIED without prejudice as moot. Defendant may reassert its motion to dismiss as to Plaintiff's amended complaint.. Signed by District Judge John A. Ross on 2/20/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

RONALD JONES BEY,
Plaintiff,
v.
BANK OF AMERICA ,N.A.,
Defendant.

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No. 4:12-CV-1130-JAR

MEMORANDUM AND ORDER
On June 22, 2012, Plaintiff Ronald Jones Bey (Bey) filed this action against Bank of
America arising out of a foreclosure action on property he owns. Bey is proceeding pro se, and
filed his complaint and attached materials using the district’s form complaint. (Doc. No. 1) On
July 27, 2012, Bey filed an Amendment to Original Complaint. (Doc. No. 4) On October 10,
2012, Bey filed a “Petition for a Verification of Debt Else Release of Claim.” (Doc. No. 14)
Bank of America filed a motion to dismiss Bey’s complaint on grounds of insufficient service of
process and failure to state a claim. (Doc. No. 11) The Court construed Bey’s filing as an
amended complaint and ordered him to file a separate motion for leave to amend, with the
proposed amended complaint attached no later than November 15, 2012. (Doc. No. 15) On
November 14, 2012, Bey filed the instant Motion to Amend Original Complaint. [ECF No. 16]
Leave to amend should be freely given when justice so requires. Fed.R.Civ.P. 15(a)(2).
Taking into consideration the fact that Bey is proceeding pro se, the Court will grant him leave to
amend his complaint.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Amend Original Complaint [16]

is GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket
Plaintiff’s Amended Complaint, which was submitted as an attachment to his motion for leave.
(Doc. No. 16-2)
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss Complaint [11] is
DENIED without prejudice as moot. Defendant may reassert its motion to dismiss as to
Plaintiff’s amended complaint.

Dated the 20th day of February, 2013.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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