Farivar v. Ledbetter et al (TV1)

Filing 21

ORDER: Plaintiff shall file his proposed, amended Complaint as a supplement/exhibit to his motion on or before December 21, 2015. The Defendants will have up to and including January 11, 2016, in which to respond to the proposed, a mended Complaint, and the Motion for Leave to Amend Complaint is HELD IN ABEYANCE until January 12, 2016. Alternatively, if the Plaintiff fails to supplement his motion with a proposed, amended Complaint, consistent with E.D. Tenn. L.R. 15.1, on or before December 21, 2015, the Court will DENY the motion without receiving further briefing on the issue. Signed by Magistrate Judge H Bruce Guyton on 12/2/15. (c/m) (JBR)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE FRANCO FARIVAR, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. DENNIS LEDBETTER, ET AL., Defendants. No. 3:14-CV-76-TAV-HBG ORDER This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court, and Standing Order 13-02. Now before the Court is the pro se Plaintiff’s Motion for Leave to Amend Complaint [Doc. 17]. Defendants have responded in opposition based upon Plaintiff’s failure to comply with E.D. Tenn. L.R. 15.1 by attaching a copy of his proposed, amended Complaint. The Court finds that the Plaintiff has failed to comply with E.D. Tenn. L.R. 15.1, and his motion could be denied on this basis alone. However, given Plaintiff’s pro se status, the Court finds that it is appropriate to provide Plaintiff an opportunity to remedy his mistake. Accordingly, Plaintiff shall file his proposed, amended Complaint as a supplement/exhibit to his motion on or before December 21, 2015. The Defendants will have up to and including January 11, 2016, in which to respond to the proposed, amended Complaint, and the Motion for Leave to Amend Complaint is HELD IN ABEYANCE until January 12, 2016. Alternatively, if the Plaintiff fails to supplement his motion with a proposed, amended Complaint, consistent with E.D. Tenn. L.R. 15.1, on or before December 21, 2015, the Court will DENY the motion without receiving further briefing on the issue. IT IS SO ORDERED. ENTER: United States Magistrate Judge 2

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