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Turner v. Blount County

October 10, 2007

BRIAN KEITH TURNER, PLAINTIFF,
v.
BLOUNT COUNTY, TENNESSEE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Thomas A. Varlan United States District Judge

(VARLAN/GUYTON)

MEMORANDUM AND ORDER

This is a prisoner's civil rights action pursuant to 42 U.S.C. § 1983; plaintiff is represented by counsel. The matter is before the court on several motions filed by the parties.

Plaintiff has filed a motion to amend the complaint, a motion to withdraw that motion and resubmit a revised version of the amended complaint, and a motion for leave to file a revised amended complaint. The defendants object to allowing plaintiff to file an amended complaint and have also filed a motion to dismiss portions of plaintiff's complaint.

Under the circumstances, plaintiff's most recent motion for leave to file a revised amended complaint [Doc. 35] is GRANTED. Fed. R. Civ. P. 15(a) and (c). The Clerk is DIRECTED to file the amended complaint. The defendants' motion to dismiss portions of the complaint [Doc. 23] is DENIED WITHOUT PREJUDICE to their right to re-file the motion to dismiss after the amended complaint is filed. Plaintiff's first motion to amend the complaint [Doc. 21] and his motion to withdraw that motion and resubmit a revised version of the amended complaint [Doc. 22] are DENIED as MOOT.

There is also pending plaintiff's motion for the court to set a date for the filing of his responses to the defendants' motion to dismiss and their objection to his motion to amend and plaintiff's motions for extension of time to file his responses. Plaintiff's motions for extension of time [Doc. 28 and 29] are GRANTED NUNC PRO TUNC as of July 25, 2007, the date he filed his responses. Plaintiff's motion for the court to set a date for filing responses [Doc. 25] is DENIED as MOOT.

In addition, plaintiff's motion to strike the defendants' reply brief [Doc. 32] and plaintiff's motion to dismiss and/or strike defendants' response to the motion to amend the complaint [Doc. 34] are DENIED. Plaintiff's motion for the court to set a pretrial scheduling conference [Doc. 27] is DENIED. The court will set a scheduling conference after an answer or other response to the amended complaint has been filed and the case is at issue.

20071010

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