Plaintiff v. State of North Carolina et al

Filing 46

ORDER granting Pltf's 44 Motion for Extension of Time to Amend Due to Medical Reasons, and Pltf' shall file his Second Amended Complaint on or before 6/4/2015; denying as moot Pltf's 42 Motion for Dismissal and Stipulation of Voluntary Dismissal with Prejudice of Defendant Robyn S. Morris. Signed by Magistrate Judge David S. Cayer on 6/1/15. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:15-CV-00044-MR-DSC
TODD W. SHORT,
Plaintiff,
v.
STATE OF NORTH CAROLINA, et. al.,
Defendants.

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ORDER

THIS MATTER is before the Court on Plaintiff’s “Motion for Dismissal and Stipulation
of Voluntary Dismissal with Prejudice of Defendant Robyn S. Morris…” (document # 42) filed
May 29, 2015 and “Motion for Extension of Time to Amend Due to Medical Reasons” (document
#44) filed June 1, 2015.
The Court will grant Plaintiff’s Motion for an extension of time to file his Second Amended
Complaint. Plaintiff shall have up to and including June 4, 2015 to file his Second Amended
Complaint. Since Plaintiff may amend his Complaint and has not served any of the Defendants,
the Court will deny as moot his Motion to Dismiss. Plaintiff may address the subject of that Motion
in his Second Amended Complaint.
IT IS THEREFORE ORDERED that
1. “Plaintiff’s “Motion for Extension of Time to Amend Due to Medical Reasons” (document
#44) is GRANTED. Plaintiff shall file his Second Amended Complaint on or before June
4, 2015.

2. Plaintiff’s “Motion for Dismissal and Stipulation of Voluntary Dismissal with Prejudice of
Defendant Robyn S. Morris…” (document # 42) is DENIED AS MOOT.
The Clerk is directed to send copies of this Order to pro se Plaintiff; and to the Honorable
Martin Reidinger.
SO ORDERED.

Signed: June 1, 2015