Myrick v. Atkinson, Jr. et al

Filing 34

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
EASTERN DIVISION
NO. 4:20-CV-139-FL

JOEROAM MYRICK as an Individual and
as Representative on behalf of all others
similarly situated,
Plaintiff,
v.
CLEVELAND ATKINSON, JR.
as Sheriff of Edgecombe County; and
EDGECOMBE COUNTY,
Defendants.

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ORDER

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
pleadings.
SO ORDERED, this the 27th day of April, 2021.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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