Burton v. Wetzel et al

Filing 54

MEMORANDUM AND ORDER granting 36 MOTION for Leave to File Amended Complaint filed by Niara Burton. Signed by Magistrate Judge Martin C. Carlson on September 26, 2017. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NIARA BURTON,
Plaintiff,
v.
JOHN WETZEL, et al.,
Defendants.

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CIVIL NO. 1:16-CV-01953

(Chief Magistrate Judge Schwab)
(Magistrate Judge Carlson)

MEMORANDUM AND ORDER

The background of this order is as follows:
The plaintiff commenced this action by a complaint on September 26, 2016.
(Doc. 1.) The plaintiff has now moved for leave to file an amended complaint,
which would encompass matters that are alleged to have occurred while this case has
been pending. (Doc. 36.) The defendants have not opposed this motion, and have
confirmed at a hearing held by the Court on September 11, 2017, that they do not
intend to actively contest this motion. Rule 15(a) of the Federal Rules of Civil
Procedure, which governs amendment of pleadings, strongly favors amendment of
pleadings, and provides that such leave to amend should be liberally granted “when
justice so requires.” FED. R. CIV. P. 15(a)(2).

Accordingly, IT IS ORDERED as follows:
1. The plaintiff’s motion for leave to amend (Doc. 36) is GRANTED,
and the plaintiff’s proposed amended complaint, (Doc. 36-1), will be
docketed by the clerk as the amended complaint in this matter.
2. Within the time frame prescribed by the Federal Rules of Civil
Procedure the defendants shall respond to the amended complaint.
SO ORDERED, this 26th day of September, 2017.

/s/ Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge