Reid v. State of North Carolina et al

Filing 11

ORDER granting 7 Motion to Amend/Correct; granting 8 Motion for Joinder. Signed by Magistrate Judge David Keesler on 1/11/2010. (bsw)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL CASE NO: 3:09-CV-541-RJC-DCK O'MARR S. REID, Plaintiff, v. STATE OF NORTH CAROLINA, and ROBIN E. HUDSON, Defendants. ) ) ) ) ) ) ) ) )

ORDER

THIS MATTER IS BEFORE THE COURT on the "Motion to Amend" (Document No. 7) and the "Motion to Join" (Document No. 8) filed on January 7, 2010 by O'Marr Reid (pro se "Plaintiff"). This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b), and immediate review is appropriate. Having reviewed the record, the undersigned will grant the motions for the following reasons: The pro se Plaintiff's motion to amend indicates that amendment is "necessary to further perfect suit at bar....by adding additional claims to said Complaint." The pro se Plaintiff's other motion, although styled as a "Motion to Join," merely lists various causes of action that Plaintiff wishes to add to his Complaint. Rule 15(a) of the Federal Rules of Civil Procedure, as amended December 1, 2009, provides in relevant part that "a party may amend its pleading once as a matter of course within: (A) 21 days after serving it..." Fed.R.Civ.P. 15(a). Plaintiff's Complaint was filed on December 23, 2009. Hence, Plaintiff may amend his Complaint as of right at this time. In fact, the record reflects that Defendants have not even been served with process yet. Page 1 of 2

IT IS, THEREFORE, ORDERED that the pro se Plaintiff's "Motion to Amend" (Document No. 7) and "Motion to Join" (Document No. 8) are GRANTED.

Signed: January 11, 2010

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