Leighton v. State of Nebraska et al

Filing 11

ORDER that Plaintiff's Motion for Leave to File Amended Complaint (filing 10) is denied without prejudice to reassertion. Plaintiff is given until January 27, 2015 to file a renewed motion for leave to amend in compliance with the Local Rules of this Court. Defendants' Motion to Dismiss (filing 6) will be held in abeyance pending a ruling on Plaintiff's anticipated renewed motion for leave to amend. A briefing schedule for the Motion to Dismiss will be set, if necessary, follow ing a ruling on Plaintiff's renewed motion for leave to amend. However, if Plaintiff does not file a renewed motion to amend by or before January 27, 2015, she shall file a response to Defendants' Motion to Dismiss no later than February 3, 2015. Ordered by Magistrate Judge F.A. Gossett. (MBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHAYNA LEIGHTON,
Plaintiff,
V.
STATE OF NEBRASKA, and
DEPARTMENT OF
CORRECTIONAL SERVICES OF
NEBRASKA,
Defendants.

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4:14CV3202

ORDER

Plaintiff filed a motion requesting leave to file an amended complaint (filing 10).
However, Plaintiff did not attach a copy of her proposed amended complaint to her motion
as required by NECivR 15.1. Consequently, Plaintiff’s motion for leave will be denied.
Accordingly,
IT IS ORDERED:
1.

Plaintiff’s Motion for Leave to File Amended Complaint (filing 10) is denied
without prejudice to reassertion. Plaintiff is given until January 27, 2015 to
file a renewed motion for leave to amend in compliance with the Local Rules
of this Court.

2.

Defendants’ Motion to Dismiss (filing 6) will be held in abeyance pending a
ruling on Plaintiff’s anticipated renewed motion for leave to amend. A
briefing schedule for the Motion to Dismiss will be set, if necessary, following
a ruling on Plaintiff’s renewed motion for leave to amend. However, if
Plaintiff does not file a renewed motion to amend by or before January 27,
2015, she shall file a response to Defendants’ Motion to Dismiss no later than
February 3, 2015.

DATED January 20, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge