Oxendine-Bey v. Mitchell et al

Filing 37

ORDER denying 35 Motion for Reconsideration. Signed by Chief Judge Frank D. Whitney on 11/5/15. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-651-FDW
CHRISTOPHER OXENDINE-BEY,

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Plaintiff,
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vs.
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JOHN MITCHELL, et al.,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER comes before the Court on a Motion for Reconsideration, (Doc. No.
35), filed by pro se Plaintiff Christopher Oxendine-Bey, of this Court’s Order granting
Defendants’ Motion to Strike Plaintiff’s Second and Third Amended Complaints. See (Doc.
No. 34). Plaintiff’s motion for reconsideration is denied, as the Second and Third Amended
Complaints were properly stricken for the reasons stated in the Court’s prior order. If Plaintiff
wishes to amend his Complaint, he must file a motion to amend with the Court, along with an
attached, proposed Amended Complaint. As the Court stated in its prior Order, however,
Plaintiff’s attempt, through an amended complaint, to add claims that arose after this action was
filed would be futile, as Plaintiff must first exhaust any claims before filing an action in this
Court under 42 U.S.C. § 1983.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Reconsideration, (Doc.
No. 35), is DENIED.

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