Harvey v. Large et al

Filing 60

ORDER dismissing without prejudice 34 Motion for Summary Judgment; dismissing as moot 44 Motion to Amend/Correct; granting 53 Motion to Amend/Correct; dismissing without prejudice 55 Motion to Dismiss. The Clerk shall RE-DOCKET Harveys amended complaint and theamended complaint shall constitute the sole complaint. Signed by Judge Norman K. Moon on 5/31/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TERRENCE A. HARVEY,
Plaintiff,
v.
SGT T.D. LARGE, et al.,
Defendants.

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Civil Action No. 7:15cv00401
ORDER
By: Norman K. Moon
United States District Judge

This matter is before me on Harvey’s third and fourth motions to amend his 42 U.S.C.
§ 1983 complaint to add claims, facts in support of his original claims, and requests for relief.
Inasmuch as the fourth motion encompasses the third motion, it is hereby ORDERED that
Harvey’s third motion to amend (Docket No. 44) is DISMISSED as moot. Finding it in the
interest of justice to do so, Harvey’s fourth motion to amend (Docket No. 53) is GRANTED;
the Clerk shall RE-DOCKET Harvey’s amended complaint (Docket No. 53, Attach. 1); and the
amended complaint shall constitute the sole complaint.
Because the amended complaint may change the arguments presented in defendants’
motions to dismiss and for summary judgment, it is further ordered that defendants’ motions
(Docket Nos. 34 and 55) are DISMISSED without prejudice. Pursuant to Standing Order No.
2013-6, the defendants shall FILE motions for summary judgment within thirty days of the entry
of this order, addressing the amended complaint.
The Clerk shall send a copy of this Order to the parties.
31st
ENTER: This _____ day of May, 2016.