Filed: Oct. 11, 2017
Latest Update: Oct. 11, 2017
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On May 18, 2017, defendant Town of Murfreesboro, North Carolina ("Town") moved to dismiss with prejudice Terry Lee Shinaberry's ("Shinaberry" or "plaintiff") complaint for failure to state a claim upon which relief can be granted [D.E. 40] and filed a memorandum in support [D.E. 41]. See Fed. R. Civ. P. 12(b)(6). On May 22, 2017, defendants Hertford County, Hertford County Sheriff's Office, Michael P. Hinton, Joann Jones, and Revelle & Le
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On May 18, 2017, defendant Town of Murfreesboro, North Carolina ("Town") moved to dismiss with prejudice Terry Lee Shinaberry's ("Shinaberry" or "plaintiff") complaint for failure to state a claim upon which relief can be granted [D.E. 40] and filed a memorandum in support [D.E. 41]. See Fed. R. Civ. P. 12(b)(6). On May 22, 2017, defendants Hertford County, Hertford County Sheriff's Office, Michael P. Hinton, Joann Jones, and Revelle & Lee..
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ORDER
JAMES C. DEVER, III, Chief District Judge.
On May 18, 2017, defendant Town of Murfreesboro, North Carolina ("Town") moved to dismiss with prejudice Terry Lee Shinaberry's ("Shinaberry" or "plaintiff") complaint for failure to state a claim upon which relief can be granted [D.E. 40] and filed a memorandum in support [D.E. 41]. See Fed. R. Civ. P. 12(b)(6). On May 22, 2017, defendants Hertford County, Hertford County Sheriff's Office, Michael P. Hinton, Joann Jones, and Revelle & Lee, LLP, answered the complaint [D.E. 42]. On May 24, 2017, defendant Humane Society of the United States moved to dismiss Shinaberry's complaint for failure to state a claim upon which relief can be granted [D.E. 43] and filed a memorandum in support [D.E. 44]. See Fed. R. Civ. P. 12(b)(6). On June 30, 2017, Shinaberry moved to file an amended complaint [D.E. 49]. On July 20, 2017, defendant Humane Society of the United States responded in opposition to the motion to amend [D.E. 50].
The court GRANTS plaintiff's motion to amend [D.E. 49]. Plaintiff shall file his first amended complaint by October 17, 2017. Defendants may plead in response to the first amended complaint in accordance with the Federal Ru1es of Civil Procedure, including filing a motion to dismiss under Ru1e 12(b)(6). See Fed. R. Civ. P. 15(a)(3). The motions to dismiss [D.E. 40, 43] are DISMISSED as moot.
SO ORDERED.
