Morgan v. Spivey, et al

Filing 58

ORDER denying as moot 48 Motion for Judgment on the Pleadings - Partial Judgment on the Pleadings and granting 51 First Motion to Amend 1 Complaint - Plaintiff shall file and served its amended complaint within 14 days. Signed by District Judge Louise Wood Flanagan on 11/14/2016. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:16-CV-365-FL

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MICHAEL J. MORGAN,
Plaintiff,
v.
RICKY JASON SPIVEY, in his individual
and official capacities as Wake County
Sheriff’s Deputy; CASEY LANE
MILLER, in his individual and official
capacities as a Wake County Sheriff’s
deputy; JOSHUA KYLE LEGAN, in his
individual and official capacities as a
Wake County Sheriff’s deputy; DONNIE
HARRISON, in his official capacity as
Sheriff of Wake County, North Carolina
Defendants.

ORDER

This matter comes now before the court upon defendants’ motion for partial judgment on the
pleadings (DE 48) and plaintiff’s responsive motion to amend the complaint (DE 51). The motions
have been fully briefed and are ripe for ruling.
In its discretion, the court ALLOWS plaintiff’s motion pursuant to Rule 15, having carefully
considered the issues raised in support of and in opposition to the parties’ competing motions.
Plaintiff shall file and served its amended complaint within 14 days. Defendants’ motion for partial
judgment is DENIED as MOOT.
SO ORDERED, this the 14th day of November, 2016.

_____________________________
LOUISE W. FLANAGAN
United States District Judge