Littlejohn v. Jones

Filing 59

ORDER denying without prejudice 53 Plaintiff's Motion For Physical Examination; granting 37 Plaintiff's Motion To File An Amended Complaint. Plaintiff may file his amended complaint within 14 days from entry of this Order. Signed by Chief Judge Frank D. Whitney on 3/12/15. (Pro se litigant served by US Mail.)(smj)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:13-cv-126-FDW
ALLEN LITTLEJOHN, III,
Plaintiff,
v.
LARRY JONES,
Defendant.

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ORDER

THIS MATTER is before the Court on consideration of Plaintiff’s motion to amend or
correct his complaint which he filed pro se pursuant to 42 U.S.C. § 1983. Plaintiff may amend his
complaint as a matter of right prior to service on any named defendant. See Fed. R. Civ. P. 15(a).
Accordingly, as service has not been ordered in this case, Plaintiff may file an amended complaint
in this matter and may have 14-days from entry of this Order to do so. Plaintiff is notified that an
amended complaint supersedes and replaces his original complaint; therefore he must include all
allegations that he wishes to present in his amended complaint.
IT IS, THEREFORE, ORDERED that Plaintiff’s motion to file an amended complaint
is GRANTED, (Doc. No. 37), and Plaintiff may file his amended complaint within 14-days from
entry of this Order.
IT IS FURTHER ORDERED that Plaintiff’s motion for physical examination is
DENIED without prejudice. (Doc. No. 53).
Signed: March 12, 2015