MEMORANDUM AND ORDER

RONNIE L. WHITE, District Judge.

Before the Court is defendants' motion to dismiss this action, brought pursuant to Fed.R.Civ.P.12(b)(6). Defendants seek to dismiss plaintiffs complaint for failure to exhaust his administrative remedies.1 Plaintiff has responded to defendants' motion to dismiss and requests an extension of time to file a second amended complaint. Defendants state that they acquiesce to plaintiffs request to file his second amended complaint; however, defendants wish to preserve their right to file a motion to dismiss the second amended complaint if necessary.2

In light of the aforementioned, the Court will deny the motion to dismiss and grant plaintiff time to file an amended pleading. The Court will also deny plaintiffs motion for order to show cause in which he asks for stamps and other legal materials. In his motion, plaintiff states that he was released from prison on December 2, 2017. As that time has already passed, his motion will be denied as moot.3

Accordingly,

IT IS HEREBY ORDERED that defendants' motion to dismiss plaintiffs amended complaint [Doc. #14] is DENIED without prejudice.

IT IS FURTHER ORDERED that plaintiff shall file a second amended complaint in this action no later than January 8, 2018.

IT IS FURTHER ORDERED that defendants' motion for an extension of time to file their reply brief [Doc. #19] is GRANTED.

IT IS FURTHER ORDERED that plaintiffs motion for order to show cause [Doc. #17] is DENIED AS MOOT.

IT IS FURTHER ORDERED that plaintiffs request for additional time to pay the initial partial filing fee [Doc. #16] is DENIED AS MOOT as the initial partial filing fee was paid on October 23, 2017.

IT IS FURTHER ORDERED that if plaintiff fails to file his second amended complaint by January 8, 2018, then this case will be dismissed without prejudice.