Tiedemann v. Southern Health Partners Inc et al
ORDER: Plaintiff's Motion for Extension of Time (Document # 82 ) is GRANTED with respect to the request for an extension of time to amend his complaint and his Motion to Amend (Document # 81 ) is GRANTED. The Clerk of Cou rt is directed to file Plaintiff's Amended Complaint, which is included as an attachment to his motion. As a result of the filing of the Amended Complaint, Defendants' Motions for Summary Judgment (Documents # 50 , 73 ) are moot.IT IS SO ORDERED. Signed by Magistrate Judge Thomas E Rogers, III on 07/25/2017.(dsto, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
SOUTHERN HEALTH PARTNERS, INC., )
MELLISA VAN DUSOR, Medical Director, )
THOMAS FOX, Director of Detention,
J. REUBEN LONG DETENTION CENTER,)
Civil Action No.: 4:15-cv-5075-RMG-TER
Plaintiff, who is proceeding pro se, brings this action, alleging violations of his constitutional
rights pursuant to 42 U.S.C. § 1983. He also alleges state law claims. Presently before the court
are Plaintiff’s Motion to Amend (Document # 81) and Motion for Extension of Time (Document #
82). All pretrial proceedings in this case were referred to the undersigned pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(A) and (B) and Local Rule 73.02(B)(2)(d), DSC.
In a previous order (Document # 76), the undersigned granted Plaintiff’s motions to amend
his complaint, in which he sought to make several different and sometimes conflicting amendments
to his complaint, including adding new defendants. The court granted the motions and directed
Plaintiff to file “one, complete amended complaint in accordance with his motions as well as the
request service documents within ten days of the date of this order. If Plaintiff fails to do so,
the original complaint will remain in place.” Order (Document # 76) p. 2.
On February 16, 2017, Plaintiff filed a motion to amend, in which he sought to add individual
defendants that participated in his medical treatment–Charles A. Bush, M.D.; D. Collins, LPN; and
S. Micallet, LPN–as well as J. Duncan, Booking Officer. Along with his motion to amend, Plaintiff
filed a motion for extension of time to amend his complaint and to respond to Defendants’ motions
for summary judgment. On February 27, 2017, Plaintiff submitted a proposed amended complaint
along with service documents.
Rule 15(a)(2), Fed.R.Civ.P., provides that leave to amend a pleading should be given freely
when justice so requires. Plaintiff’s Motion for Extension of Time (Document # 82) is GRANTED
with respect to the request for an extension of time to amend his complaint and his Motion to Amend
(Document # 81) is GRANTED. The Clerk of Court is directed to file Plaintiff’s Amended
Complaint, which is included as an attachment to his motion.1
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
July 25, 2017
Florence, South Carolina
As a result of the filing of the Amended Complaint, Defendants’ Motions for Summary
Judgment (Documents # 50, 73) are moot.
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