Barnes v. Simmons et al

Filing 24

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff shall file an amended complaint by Wednesday, March 11, 2015. re: 23 MOTION to Amend/Correct filed by Plaintiff Lloyd E. Barnes ( Response to Court due by 3/11/2015.). Signed by District Judge Ronnie L. White on 2/25/15. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LLOYD BARNES,
Plaintiff,
v.
LYNN SIMMONS, et al.,
Defendants.

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No. 4:14CV1989 RLW

MEMORANDUM AND ORDER
This matter is before the Court on its review of Plaintiff=s Verified Motion to Allow Pro
Se Plaintiff Lloyd Barnes Leave to Amend his Complaint, Motion in Opposition to Defendants’
Motion to Dismiss, Affidavit in Support of Plaintiff’s Motions, and Legal Argument (ECF No.
23).

Pursuant to Fed.R.Civ.P. 15(a)(1)(B), Plaintiff has a right to amend his pleadings.
Plaintiff is warned that the filing of an amended complaint replaces the original complaint,

and claims that are not realleged are deemed abandoned. E.g., In re Wireless Telephone Federal
Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). In addition, all claims must
arise out of the same transaction or occurrence or, put a different way, all claims must relate to
each other. See Fed.R.Civ.P. 18(a) and 20(a)(2). Keeping all of this in mind, Plaintiff is ordered
to file an amended complaint by Wednesday, March 11, 2015.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall file an amended complaint by
Wednesday, March 11, 2015.

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Dated this 25th day of February, 2015.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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