Oxendine-Bey v. Mitchell et al

Filing 47

ORDER TERMINATING as voluntarily dismissed by Plaintiff 41 Motion to Amend/Correct Complaint; granting 43 Motion to Voluntarily Dismiss the Motion to Amend/Correct Amended Complaint; denying 45 Motion for Reconsidera tion ; denying 46 Motion to Amend/Correct. The Clerk is respectfully instructed to mail to Plaintiff a Section 1983 form so that Plaintiff can use the form to prepare and submit amended complaint along with a to amend if he so wishes. Signed by Chief Judge Frank D. Whitney on 11/23/15. (Pro se litigant served by US Mail.)(mga)

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 various motions filed by Plaintiff, (Doc.
Nos. 41; 43; 45; 46).
First, as to Plaintiff’s Motion for Reconsideration re Order on Motion for
Reconsideration, (Doc. No. 45), Plaintiff’s motion is denied for the same reasons that the Court
denied his first Motion for Reconsideration. Next, Plaintiff has a filed a Motion to Voluntarily
Dismiss (Doc. No. 43), his pending Motion to Amend/Correct Amended Complaint, (Doc. No.
41). Plaintiff’s motion to voluntarily dismiss the pending motion to amend is granted.
Finally, as to his Motion to Amend/Correct Proposed Amended Complaint, (Doc. No.
46), Plaintiff has once again failed to comply with the Court’s prior instructions that, along with
any motion to amend the Complaint that Plaintiff submits, he must submit a proposed amended
Complaint, and he may not amend the Complaint in piecemeal fashion. See (Doc. No. 38).
Plaintiff has not attached a completed, proposed amended Complaint to his latest motion to
amend, and the motion to amend will therefore be denied.1

1

For instance, the “proposed amended complaint” is not filed on a Section 1983 form, and it
1

It is THEREFORE ORDERED that:
(1) Plaintiff’s Motion to Amend/Correct Amended Complaint, (Doc. No. 41), shall be
TERMINATED as voluntarily dismissed by Plaintiff. To this extent, Plaintiff’s
Motion to Voluntarily Dismiss the Motion to Amend/Correct Amended Complaint,
(Doc. No. 43), is GRANTED.
(2) Plaintiff’s Motion for Reconsideration, (Doc. No. 45), is DENIED.
(3) Plaintiff’s Motion to Amend/Correct Complaint, (Doc. No. 46), is DENIED. The
Clerk is respectfully instructed to mail to Plaintiff a Section 1983 form so that
Plaintiff can use the form to prepare and submit a proposed amended complaint along
with a motion to amend if he so wishes.

does not identify all Defendants, nor does it contain a statement of jurisdiction, or a prayer for
relief. Furthermore, the “proposed amended complaint” appears to complain about events that
occurred after the original Complaint was filed.
2