Cooper v. Johnson et al

Filing 10

ORDER denying without prejudice 6 Motion for Joinder; denying 6 Motion for Leave to File. Signed by Magistrate Judge Dennis Howell on 5/18/11. (Pro se litigant served by US Mail.)(siw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv102
THALIA D. COOPER,

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Plaintiff,
v.
LISA JOHNSON, TRANSYVANIA
COUNTY, DOTTI D. HARRIS,
Defendants.
_______________________________

ORDER

Pending before the Court is Plaintiff’s Motion for Leave to File Supplemental
Complaint and Joinder of Claims [# 6]. Plaintiff, who is proceeding pro se, filed her
Complaint on May 2, 2011. The time for Defendants to answer or otherwise respond
to the Complaint has yet to expire, and they have not appeared in this action. Plaintiff
now moves the Court for leave to file a supplemental complaint.
Pursuant to Rule 15(a), a plaintiff may amend his or her complaint without
leave of Court under certain circumstances. The rule provides that:
(1) Amending as a Matter of Course. A party may amend its pleading once
as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days
after service of a responsive pleading or 21 days after service of a motion
under Rule 12(b), (e), or (f), whichever is earlier.
Fed. R. Civ. P. 15(a)(1). Defendants have not yet filed their responsive pleadings.
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Accordingly, Plaintiff’s window for filing an amended complaint as a matter of
course has yet to expire, and no leave of Court is needed for Plaintiff to amend her
Complaint. Because no affirmative relief is need from the Court, the Court DENIES
without prejudice Plaintiff’s motion [# 6].

Signed: May 18, 2011

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