Myrick v. Atkinson, Jr. et al
ORDER granting 24 Motion for Leave to File First Amended Complaint; finding as moot 16 Motion to Dismiss; finding as moot 16 Motion to Dismiss for Failure to State a Claim; granting 18 Motion to Stay. Plain tiff is DIRECTED to file his first amended complaint within seven days of the date of this order. The court STAYS scheduling conference activities pending the framing of the pleadings. Signed by District Judge Louise Wood Flanagan on 4/27/2021. (Collins, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
JOEROAM MYRICK as an Individual and
as Representative on behalf of all others
CLEVELAND ATKINSON, JR.
as Sheriff of Edgecombe County; and
This matter is before the court on defendants’ motion to dismiss (DE 16) and motion to
stay (DE 18), as well as plaintiff’s motion for leave to file first amended complaint (DE 24). Where
“leave to amend shall be freely given when justice so requires,” Laber v. Harvey, 438 F.3d 404,
426 (4th Cir. 2006) (en banc), and where defendants do not oppose plaintiff’s motion, plaintiff’s
motion (DE 24) is GRANTED. Plaintiff is DIRECTED to file his first amended complaint within
seven days of the date of this order.
In addition, where “an amended pleading ordinarily supersedes the original and renders it
of no legal effect,” Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001), defendants’
motion to dismiss (DE 16) is DENIED AS MOOT. Finally, the court has considered defendants’
motion to stay and plaintiff’s opposition thereto. Where defendants assert that they will seek to
file a motion to dismiss the amended complaint, the court GRANTS defendants’ motion to stay
(DE18), and the court STAYS scheduling conference activities pending the framing of the
SO ORDERED, this the 27th day of April, 2021.
LOUISE W. FLANAGAN
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?