Cooper v. Johnson et al

Filing 14

ORDER denying without prejudice 13 Motion for Joinder; denying without prejudice 13 Motion for Leave to File amended/supplemental complaints. Signed by Magistrate Judge Dennis Howell on 5/24/11. (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, et al.
Defendants.
_______________________________

ORDER

Pending before the Court is Plaintiff’s Motion for Leave to File Supplemental
Complaint and Joinder of Claims [# 13]. Plaintiff, who is proceeding pro se, filed her
Complaint on May 2, 2011. Prior to the appearance of any of the Defendants in this
action, she moved the Court for leave to file a supplemental complaint. The Court
denied without prejudice Plaintiff’s motion because she did not need leave of Court
to file an amended complaint. (Order, Denying Mot. Joinder May 18, 2011.) In
response to the Court’s May 18, 2011, Order, Plaintiff filed a second Motion for
Leave to File Supplemental Complaint and Joinder of Claims. Plaintiff, however,
attached more than one proposed supplemental complaint to this document. It is
unclear to the Court whether these documents are identical copies and, if not, which
document Plaintiff intended to file as her Supplemental Complaint.
As the Court previously explained, Plaintiff may still amend her Complaint as
of right under Rule 15, and she need not request leave of Court for doing so. See Fed.
R. Civ. P. 15(a). According the Court INSTRUCTS Plaintiff as follows:

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(1)

Plaintiff shall file her Amended/Supplemental Complaint by June 3,
2011. This pleading should separately set forth each cause of action she
intends to assert, as well as the factual allegations supporting each cause
of action. In addition, this pleading should name all of the individuals
and/or entities she asserts claims against. Plaintiff should include all of
her claims in this pleading. Plaintiff need not request leave of Court for
filing this pleading.

(2)

Plaintiff shall serve her Amended/Supplemental Complaint on the each
Defendant.

(3)

The Court INSTRUCTS Plaintiff that future amended/supplemental
complaints will only be allowed with prior leave of Court or the consent
of the Defendants.

(4)

The Court DENIES without prejudice Plaintiff’s Motion [# 13].

Signed: May 24, 2011

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