Lomick v. Beaver et al

Filing 43

ORDER granting 42 proposed Amended Complaint construed as a Motion to Amend Complaint. The Clerk is to file [Doc. 42] as Third Amended Complaint and correct docket to reflect the current defendants. The Clerk shall commen ce the procedure for waiver of service as set forth in Local Rule 4.3 for defendants Maranda Mims, Dave Mitchell and George Sodom who are current or former NCDPS employees. Signed by Chief Judge Frank D. Whitney on 5/31/2019. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:18-cv-00057-FDW
JAMES W. LOMICK,

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Plaintiff,
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vs.
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KEN BEAVER, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s proposed Amended Complaint [Doc.
42], which the Court construes as a motion to amend complaint.
Plaintiff filed his original Complaint on April 2, 2018. [Doc. 1]. Plaintiff has opened and
closed his case several times and filed or sought to file multiple amended complaints. Defendants
Beaver and Bynum have filed an Answer. [Docs. 32]. Once a defendant has filed a responsive
pleading, a plaintiff must move the Court for leave to amend his complaint, which should be freely
given when justice so requires. FED. R. CIV. P. 15(a)(2). Plaintiff’s proposed Amended Complaint
drops three Defendants he had previously named, Christy Bynum, Jeffrey Krantz, and Breanna
Jackson, and adds another Defendant, Maranda Mims, identified as a Captain at Alexander
Correctional Institution. [Doc. 42 at 3].
The Court will grant Plaintiff’s motion to amend his Complaint. The Plaintiff is cautioned,
however, that no further amendments or further addition of defendants will be allowed absent
extraordinary circumstances.
IT IS, THEREFORE, ORDERED that:
(1) Plaintiff’s motion to amend complaint [Doc. 42] is GRANTED.

(2) The Clerk is respectfully instructed to file Plaintiff’s Proposed Amended Complaint
[Doc. 42] as Plaintiff’s Third Amended Complaint and to correct the docket to reflect
the current Defendants in this matter.
(3) This Court recently enacted Local Rule 4.3, which sets forth a procedure to waive
service of process for current and former employees of the North Carolina Department
of Public Safety (“NCDPS”) in actions filed by North Carolina State prisoners. The
Clerk of Court shall commence the procedure for waiver of service as set forth in Local
Rule 4.3 for Defendants Maranda Mims, Dave Mitchell, and George Sodom, who are
a current or former employee of NCDPS.
IT IS SO ORDERED.
Signed: May 31, 2019

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