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Carpenter v. Kloptoski

April 28, 2009

PHILIP CARPENTER, PLAINTIFF
v.
SUPERINTENDENT KLOPTOSKI, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 28th day of April, 2009, upon consideration of plaintiff's motion to file an amended complaint (Doc. 22) pursuant to Federal Rule of Civil Procedure 15(a), it is hereby ORDERED that:

1. Plaintiff's motion (Doc. 22) is GRANTED.

2. Plaintiff shall FILE an amended complaint on or before May 26, 2009. The amended complaint shall carry the same civil docket number (1:08-CV-2233) presently assigned to this matter.

3. The amended complaint shall be a short, plain, and concise statement of the claim and shall be a new pleading which stands by itself as an adequate complaint without reference to the complaint already filed. FED. R. CIV. P. 8(e)(1).

4. The pending motions to dismiss (Docs. 14, 19, 25) are DISMISSED as moot. The Clerk of Court is directed to TERMINATE these motions. In the event that plaintiff fails to file an amended complaint within the allotted time period, the court will reinstate the motions to dismiss.

5. Plaintiff's motion for an extension of time (Doc. 23) to respond to defendant O'Brien's motion to dismiss is DENIED as moot.

CHRISTOPHER C. CONNER United States District Judge

20090428

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