Thomas v. McLeod Addictive Disease Center, Inc. et al

Filing 12

ORDER denying 7 Motion to Dismiss ; granting 10 Motion to Amend/Correct complaint. Signed by Senior Judge Graham Mullen on 02/06/2015. (Pro se litigant served by US Mail.)(jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:14-CV-442
RONALD K. THOMAS,
Plaintiff,
v.

ORDER

MCLEOD ADDICTIVE DISEASE CENTER,
INC.,
Defendant.
THIS MATTER is before the Court on Plaintiff Ronald Thomas’s Pro Se Motion to
Amend Complaint (Doc. No. 10). Pursuant to Federal Rule of Civil Procedure 15, a party may
amend its pleading once as a matter of course within twenty-one days after serving it, or within
twenty-one days after service of a responsive pleading or a motion under Rule 12(b), (e), or (f).
FED. R. CIV. P. 15(a). Plaintiff has not previously amended his Complaint, and his motion comes
within twenty-one days after service of Defendant’s Motion to Dismiss pursuant to FRCP
12(b)(1) and (6). Therefore, Plaintiff need not seek leave of the Court to file his amended
complaint.
IT IS THEREFORE ORDERED that Plaintiff’s motion for leave to file an amended
complaint (Doc. No. 10) is GRANTED. Plaintiff is given leave to file the proposed amended
complaint attached to his Motion, which complaint should be filed within fourteen (14) days of the
date of this order.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (Doc. No. 7) is
DENIED as MOOT. Defendant is free to file a new motion if it wishes after the amended
complaint has been filed.
The Clerk of Court is directed to send a copy of this order to Plaintiff.

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SO ORDERED.

Signed: February 6, 2015

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