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)

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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

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