Davenport v. Keith et al

Filing 134

ORDER DISMISSING 64 Motion to Dismiss for Failure to State a Claim, DISMISSING 83 Motion to Dismiss for Failure to State a Claim, and GRANTING IN PART 121 Motion to Amend. Plaintiff's motion to amend 121 is GRANTED in part. No later than January 20, 2015, plaintiff may file an amended complaint concerning only defendants DBW Ventures and Billy Roughton. The motions to dismiss at 64 and 83 are DISMISSED without prejudice. Signed by Chief Judge James C. Dever III on 1/8/15. Counsel is reminded to read the order in its entirety for critical deadlines and information. (O'Brien, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DMSION
No. 2:14-CV-36-D

JONATHAN EDMOND DAVENPORT,
Plaintiff,

v.
PASQUOTANK COUNTY SHERIFF'S
DEPUTY SAM KEITH, et al.,
Defendants.

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ORDER

On October 21, 2014, plaintiff filed a motion to amend his complaint [D.E. 121]. Plaintiff's
motion to amend [D.E. 121] is GRANTED in part. Plaintiff may file an amended complaint
concerning only defendants DBW Ventures and Billy Roughton. The amended complaint is due no
later than January 20, 2015. The motions to dismiss ofDBW Ventures [D.E. 64] and Billy Roughton
[D.E. 83] are DISMISSED without prejudice. DBW Ventures and Roughton may respond to the
amended complaint in accordance with the Federal Rules of Civil Procedure. See Fed. R. Civ. P.
15(a)(3). The court reminds DBW Ventures that if DBW Ventures files a motion to dismiss the
amended complaint, this court's local rules require a supporting memorandum oflaw.
SO ORDERED. This __8_ day of January 2015.