Shinaberry v. Town of Murfreesboro, N.C. et al

Filing 55

ORDER dismissing as moot 40 Motion to Dismiss for Failure to State a Claim; dismissing as moot 43 Motion to Dismiss for Failure to State a Claim; granting 49 Motion to Amend. Plaintiff shall file his first amended complaint by October 17, 2017. Signed by Chief Judge James C. Dever III on 10/11/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
No. 2:17-CV-7-D

TERRYLEESF.ITNABERRY,
Plaintiff,

v.

)
)
)
)

)

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TOWN OF MURFREESBORO, N.C.,
)
)
BOBBIE J. BARMER, HERTFORD
COUNTY, N.C., MICHAEL P. F.ITNTON,)
REVELLE & LEE, LLP, GUILFORD
)
COUNTY, N.C., IillMANE SOCIETY )
OF THE UNITED STATES, JOANN
)
JONES, and HERTFORD COUNTY
)
SHERIFF'S OFFICE,
)
)
Defendants. )

ORDER

On May 18,2017, defendant Town of Murfreesboro, North Carolina ("Town") moved to
dismiss with prejudice Terry Lee Shinaberry' s ("Shinaberry" or "plaintiff') complaint for failure to
state a claim upon which relief can be granted [D.E. 40] and filed a memorandum in support [D.E.
41]. See Fed. R. Civ. P. 12(b)(6). OnMay22, 2017, defendants Hertford County, Hertford County
Sheriff's Office, Michael P. Hinton, Joann Jones, and Revelle & Lee, LLP, answered the complaint
[D.E. 42]. On May 24, 2017, defendant Humane Society of the United States moved to dismiss
Shinaberry's complaint for failure to state a claim upon which relief can be granted [D.E. 43] and
filed a memorandum in support [D.E. 44]. See Fed. R. Civ. P. 12(b)(6). On June 30, 2017,
Shinaberry moved to file an amended complaint [D.E. 49]. On July 20, 2017, defendant Humane
Society of the United States responded in opposition to the motion to amend [D.E. 50].
The court GRANTS plaintiffs motion to amend [D.E. 49]. Plaintiff shall file his first

amended complaint by October 17, 2017. Defendants may plead in response to the first amended
complaint in accordance with the Federal Ru1es of Civil Procedure, including filing a- motion to
dismiss underRu1e 12(b)(6). See Fed. R. Civ. P. 15(a)(3). The motions to dismiss [D.E. 40, 43] are
DISMISSED as moot.
SO ORDERED. This _l_l day of October 2017.

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