Collins v. The McDowell County Commission et al, No. 1:2022cv00139 - Document 22 (S.D.W. Va. 2022)

Court Description: MEMORANDUM OPINION AND ORDER directing plaintiff to file a memorandum in support of his 19 motion for leave to file an amended complaint within 14 days of entry of this Order. Signed by Senior Judge David A. Faber on 9/21/2022. (cc: counsel of record and unrepresented parties) (arb)

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Collins v. The McDowell County Commission et al Doc. 22 Case 1:22-cv-00139 Document 22 Filed 09/21/22 Page 1 of 2 PageID #: 168 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JOHN MARK COLLINS, II Administrator of the Estate of Mattie Collins McGuire, Plaintiff, v. CIVIL ACTION NO. 1:22-00139 THE MCDOWELL COUNTY COMMISSION, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is plaintiff’s motion for leave to file an amended complaint. (ECF No. 19). As grounds for that motion, plaintiff states that he needs to substitute a party. That motion was not accompanied by a memorandum in support. Local Rule of Civil Procedure 7.1(a)(2) does not require that a motion to amend be accompanied by a memorandum in support. However, the rule does require a motion to substitute a party be accompanied by a memorandum. Given that plaintiff seeks to substitute a party in his motion to amend, that court hereby exercises its “discretion to direct a movant to submit a memorandum to accompany any other type of motion.” Id. Therefore, plaintiff is DIRECTED to file a memorandum in support of his motion to amend within 14 days of entry of this Order. The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties. Dockets.Justia.com Case 1:22-cv-00139 Document 22 Filed 09/21/22 Page 2 of 2 PageID #: 169 IT IS SO ORDERED this 21st day of September, 2022. ENTER: David A. Faber Senior United States District Judge 2

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