Miller v. Nash County Department of Social Services et al
ORDER granting 15 Motion for Leave to File Amended Complaint, and denying as moot 9 Motion to Dismiss for Failure to State a Claim and 17 Motion for Extension of Time to File Response. The Clerk of Court is DIRECTED to docket the amended complaint [DE-19] as Plaintiff's operative pleading in this matter. Signed by Chief US District Judge Richard E. Myers II on 6/7/2021. (Waddell, K.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 5:21-CV-00163-M
NASH COUNTY DEPARTMENT OF
SOCIAL SERVICES, and KIMBERLY S.
NICHOLSON, in her individual and official
This matter comes before the court on Plaintiff's motion seeking the court's leave to allow her to
file an amended complaint. [DE-15] Because it appears that allowing the amendment is in the interest of
justice and the court discerns no basis for denying the motion, the motion is GRANTED. See Fed. R. Civ.
P. 15(a)(2); Laber v. Harvey, 438 F.3d 404, 427 (4th Cir. 2006) (en bane). The Clerk of Court is
DIRECTED to docket the amended complaint [DE-19] as Plaintiff's operative pleading in this matter,
and the other pending motions concerning the prior complaint [DE-9; DE-17] are DISMISSED AS MOOT.
SO ORDERED this the
day of ---------------, 2021.
M y--LVt �
RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT JUDGE
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