Wilkerson v. Smith et al

Filing 15

ORDER denying without prejudice 4 Motion for Preliminary Injunction; denying without prejudice 4 Motion for TRO; denying without prejudice 7 Motion to Appoint Counsel; granting 11 Motion for Leave to File amended complaint; denying without prejudice 13 Motion to Appoint Counsel. Signed by Chief Judge Frank D. Whitney on 3/24/2015. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:14-cv-00067-FDW
WAYNE ELLIOTT WILKERSON,
Plaintiff,
v.
PAULA SMITH, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

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 the defendants. 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 of right and may have 21-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:
1.

Plaintiff’s motion to file an amended complaint is GRANTED, (Doc. No. 11), and

Plaintiff may file his amended complaint within 14-days from entry of this Order.
2.

Plaintiff’s motion for a preliminary injunction is DENIED without prejudice. (Doc.

3.

Plaintiff’s motions to appoint counsel are DENIED without prejudice. (Doc. Nos. 7

No. 4).

and 13).
Signed: Marcr 24, 2015
h