Opinion
1:19-cv-12835-NLH-JS
08-30-2019
TERRY HAGER, Plaintiff, v. S. YOUNG, Defendant.
APPEARANCE: Terry Hager, No. 06399-045 FCI Butner PO Box 1000 Butner, NC 27509 Plaintiff Pro se
MEMORANDUM OPINION & ORDER
APPEARANCE : Terry Hager, No. 06399-045
FCI Butner
PO Box 1000
Butner, NC 27509
Plaintiff Pro se HILLMAN , District Judge
WHEREAS, Plaintiff Terry Hager has filed a civil complaint alleging ongoing harassment during his incarceration at FCI Fairton, New Jersey, see ECF No. 1; and
WHEREAS, Plaintiff has filed a Motion to Amend the Complaint, Motion for an Extension of Time to File the Amended Complaint, and a proposed Amended Complaint, see ECF Nos. 5, 11, and 13; and
WHEREAS, Federal Rule of Civil Procedure 15(a)(1) permits a party to amend his or her pleading once as matter of course in certain circumstances; and
WHEREAS, no responsive pleading has yet been filed as defendants has not yet been served. The Court must complete its screening under 28 U.S.C. § 1915 before the Amended Complaint may be served.
THEREFORE,
IT IS on this 30th day of August, 2019
ORDERED that Plaintiff's Motion to Amend the Complaint and Motion for an Extension of Time to File the Amended Complaint (ECF Nos. 5 and 11) ARE GRANTED; and it is further
ORDERED that the Clerk shall file the Amended Complaint (ECF No. 13); and it is further
ORDERED that summonses shall not issue as the Court must screen the Amended Complaint; and it is further
ORDERED that the date to complete service under Federal Rule of Civil Procedure 4 is extended 90 days after the Court permits the Amended Complaint to proceed; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of this Order on Plaintiff by regular first-class mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey