Burgess v. Southeastern Ohio Regional Jail et al

Filing 26

ORDER granting #23 Motion for Leave to File Amended Complaint; finding as moot #15 Motion to Dismiss for Failure to State a Claim; finding as moot #25 Motion for Extension of Time. Signed by Judge George C. Smith on 4/21/2017. (agm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
LORENZO DEAN’DRE BURGESS,
Plaintiff,
Case No.: 2:16-CV-903
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson

-v-

SOUTHEASTERN OHIO REGIONAL
JAIL, et al.,
Defendants.
ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to File a First Amended
Complaint (Doc. 23) and notice to the Court that it is unopposed (Doc. 24). Plaintiff represents that
his intent in seeking leave to file the amended complaint is to remove the State of Ohio as a
Defendant to this action. For good cause shown, Plaintiff’s Motion for Leave to File a First
Amended Complaint is GRANTED. The Clerk is DIRECTED to file Plaintiff’s First Amended
Complaint, which is attached as Exhibit 1 to the Motion (Doc. 23-1).
In light of the filing of the amended complaint and the removal of the State of Ohio as a
Defendant in this action, the State of Ohio’s Motion to Dismiss (Doc. 15) is now MOOT.
Additionally, Plaintiff’s Motion for an Extension of Time to respond to the Motion to Dismiss is
also MOOT. The Clerk of this Court shall remove Documents 15, 23, and 25 from the Court’s
pending motions list.
IT IS SO ORDERED.
/s/ George C. Smith
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT