Fletcher v. Houston et al

Filing 42

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiffs' Motion for Leave to Amend Complaint (Filing No. 37 ) is granted. The Clerk of the court is directed to file the proposed Amended Complaint and its attachments as a separate document in this matter. (See Filing No. 37 at CM/ECF pp. 3-40 and Filing No. 37-1.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BARRY W. FLETCHER SR.,
Plaintiff,
v.
ROBERT P. HOUSTON, et al.,
Defendants.

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4:12CV3179

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to File Amended
Complaint. (Filing No. 37.) Defendants did not oppose the Motion and the time in
which to do so has passed. Rule 15(a) of the Federal Rules of Civil Procedure
provides that leave to amend “shall be freely given when justice so requires.” The
applicable standard is summarized in Foman v. Davis, 371 U.S. 178, 182 (1962),
which states:
If the underlying facts or circumstances relied upon by a plaintiff may
be a proper subject of relief, he ought to be afforded an opportunity to
test his claims on the merits. In the absence of any apparent
reason—such as undue delay, bad faith or dilatory motive on the part of
the movant, ... undue prejudice to the opposing party by virtue of the
allowance of the amendment, futility of amendment, etc.—the leave
sought should, as the rules require, be “freely given.”
Id.
The court has carefully reviewed the proposed Amended Complaint and finds
that amendment would not be futile and is not made in bad faith. Also, Defendants
do not oppose Plaintiff’s Motion to Amend. In accordance with NECivR 15.1, the
court will consider the amended pleading as superseding, rather than as supplemental
to, the original Complaint.

IT IS THEREFORE ORDERED that:
1.
granted.

Plaintiffs’ Motion for Leave to Amend Complaint (Filing No. 37) is

2.
The Clerk of the court is directed to file the proposed Amended
Complaint and its attachments as a separate document in this matter. (See Filing No.
37 at CM/ECF pp. 3-40 and Filing No. 37-1.)
DATED this 4th day of June, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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