Carr v. Doe et al, No. 1:2011cv00019 - Document 20 (S.D.W. Va. 2011)
Court Description: 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)
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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 1 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 2
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