Carr v. Doe et al

Filing 20

MEMORANDUM OPINION AND ORDER: The court GRANTS Plaintiff's 12 MOTION to Amend Complaint and ORDERS him to file an Amended Complaint within ten (10) days of the entry of this Memorandum Opinion and Order; motion terminated: Plaintiff's 12 MOTION to Name Jane Doe Defendant. Signed by Senior Judge David A. Faber on 6/27/2011. (cc: attys; any unrepresented party) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFILED
JAMES CARR, JR.,
Plaintiff,
v.

Civil Action No. 1:11-cv-00019

JANE DOE, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Before the court is plaintiff’s motion to amend complaint
(Doc. # 12) filed on March 31, 2011.

Plaintiff wishes to amend

his Complaint in order to substitute Jennifer Riffe for a
previously-named “Jane Doe” defendant.
Federal Rule of Civil Procedure 15 governs the amendment of
pleadings.

Rule 15(a)(1) provides a plaintiff with the

opportunity to amend his or her Complaint once as a matter of
course, subject to certain time limitations.

Rule 15(a)(2), on

the other hand, provides that “In all other cases, a party may
amend its pleading only with the opposing party’s written consent
or the court’s leave.

The court should freely give leave when

justice so requires.”
The existing, named defendants in the case have agreed, in
writing, to plaintiff’s proposed amendment.
Order (Doc. # 18).

See Proposed Agreed

Accordingly, the court GRANTS plaintiff leave

to amend his Complaint, and ORDERS him to file an Amended
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Complaint within ten (10) days of the entry of this Memorandum
Opinion and Order.
It is SO ORDERED this 27th day of June, 2011.
ENTER:
David A. Faber
Senior United States District Judge

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