George v. Taylor et al

Filing 22

ORDER dismissing 15 Motion to Dismiss for Failure to State a Claim; granting 20 Motion to Amend/Correct. Signed by Judge Norman K. Moon on 3/14/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ELISTON F. GEORGE, II,
Plaintiff,
v.
Y. TAYLOR, et al.,
Defendants.

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Civil Action No. 7:15cv00320
ORDER
By: Norman K. Moon
United States District Judge

This matter is before me on defendants’ motion to dismiss and George’s motion to
amend. Having considered the motions, I will grant the motion to amend and dismiss the motion
to dismiss without prejudice.
In his motion to amend, George adds additional facts in support of his claims. Pursuant
to Rule 15(a)(2) of the Federal Rules of Civil Procedure, a party may amend its pleading with the
court’s leave and the “court should freely give leave when justice so requires.” Finding it in the
interest of justice, it is hereby ORDERED that George’s motion to amend (Docket No. 20) is
GRANTED.

Because the complaint as amended may change the arguments presented in

defendants’ motion, it is further ordered that defendants’ motion to dismiss (Docket No. 15) is
DISMISSED without prejudice. Pursuant to Standing Order No. 2013-6, the defendants shall
FILE a motion for summary judgment within thirty days of the entry of this order, addressing
George’s claims as raised in his amended complaint.
The Clerk of the Court is directed to send a copy of this Order to plaintiff.
14th
ENTER: This _____ day of March, 2016.