BOYKINS v. LANIGAN et al

Filing 33

MEMORANDUM AND ORDER that the 30 Motion to amend is granted. The 23 Motion to amend is dismissed as moot. The proposed Third Amended Complaint filed as an attachment to the 30 Motion to amend shall be file as an amended complaint. The Clerk shall issue summons and the United States Marshal shall serve the summons. Defendants shall file and serve an answer. The Clerk shall serve a copy of this Order upon Plaintiff by regular mail.. Signed by Judge Peter G. Sheridan on 4/17/2017. (mps)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JAMES A. BOYKfNS,
Civil Action No. 15-7769 (PGS)
Plaintiff,
:

v.

MEMORANDUM AND ORDER

GARY M. LANIGAN, et al.,
Defendants.

This matter has come before the Court on a civil rights Complaint filed by Plaintiff James
A. Boykins pursuant to 42 U.S.C.

§ 1983. Presently before the Court is Plaintiffs motions to

amend, ECF Nos. 23 & 30. The Court has reviewed the proposed amended complaints, and
finds that the latest-filed proposed Third Amended Complaint, ECF No. 30-1, is properly filed as
a replacement for all previous pleadings, and includes claims that share common questions of
law or fact as to all defendants. As such, the latest motion to amend is granted, and the previous
motion to amend is dismissed as moot.
However, to the extent that any claims raised in the Third Amended Complaint have been
dismissed by the Court’s March 8, 2017 Order, they remain dismissed because Plaintiff has not
cured the defects identified by the Court in that Order.
IT IS therefore on this

(7

day of

2017,

ORDERED that the motion to amend, ECF No. 30, is hereby GRANTED; it is further
ORDERED that the motion to amend, ECF No. 23, is hereby DISMISSED as moot; it is

further

ORDERED that the proposed Third Amended Complaint, ECF No. 30-1, shall be filed

as an amended complaint; it is further
ORDERED that, pursuant to 28 U.S.C.

§

1915(d), the Clerk shall issue summons and the

United States Marshal shall serve summons, the Third Amended Complaint and this Order upon
any new defendants asserted in the Third Amended Complaint for whom summons have not yet
been issued, with all costs of service advanced by the United States’; it is further
ORDERED that, pursuant to 42 U.S.C.

§

l997e(g)(2), Defendants shall file and serve an

answer, see Fed. R. Civ. P. 12(a)(l)(A) & 15(a)(3); and it is further
ORDERED that the Clerk shall serve a copy of this Order upon Plaintiff by regular mail.

Peter G. Sheridan
United States District Judge

Alternatively, the U.S. Marshal may notify defendants that an action has been
commenced and request that the defendants waive personal service of a summons in accordance
with Fed. R. Civ. P. 4(d).
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