Mitchell v. Lake County Indiana et al, No. 2:2011cv00091 - Document 33 (N.D. Ind. 2011)

Court Description: OPINION AND ORDER granting 32 Motion for Leave to File Amended Complaint. The Court ORDERS Plaintiff to FILE the Amended Complaint on or before 8/8/2011. Accordingly, the Court hereby denies as moot 17 MOTION to Dismiss and 23 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Paul R Cherry on 8/1/11. (mc)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION KWASI MITCHELL, Plaintiff, v. LAKE COUNTY, INDIANA, JOHN BUNCICH, LAKE COUNTY SHERIFF, LAKE COUNTY SHERIFF S DEPARTMENT, JEFFREY KUMOREK, ADMINISTRATOR OF THE JAIL, and MED-STAFF, INC., Defendants. ) ) ) ) ) ) ) ) ) ) CAUSE NO.: 2:11-CV-91-PRC OPINION AND ORDER This matter is before the Court on (1) a Motion to Dismiss [DE 17], filed by Defendants Lake County, Indiana, John Buncich ( Buncich ), Lake County Sheriff, Lake County Sheriff s Department ( Sheriff s Department ), and Jeffrey Kumorek ( Kumorek ), Administrator of the Lake County Jail on May 9, 2011, (2) a Response to State Defendants Motion to Dismiss and Motion for Leave to File Amended Complaint [DE 23], filed by Plaintiff on July 13, 2011, and (3) a Motion for Leave to File Amended Complaint [DE 32], filed by Plaintiff on June 30, 2011. Plaintiff also filed a response to the Motion to Dismiss on June 30, 2011. The Defendants have not filed a reply in support of the Motion to Dismiss nor have tshey filed a response in opposition to the Motion for Leave to File Amended Complaint. In the Motion to Dismiss, Defendants argue that Plaintiff s Complaint fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) because it does not allege sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v .Twombly, 550 U.S. 544, 570 (2007)). Plaintiff seeks leave of Court to amend his Complaint in order to cure the alleged deficiencies. Noting the lack of objection and in the interests of justice, the Court finds that Plaintiff s Motion to Amend Complaint should be granted in order to cure the alleged deficiencies in the Complaint. See Fed. R. Civ. P. 15(a)(2) ( The court should freely give leave when justice so requires. ). Accordingly, the Court hereby GRANTS the Motion for Leave to File Amended Complaint [DE 32] and DENIES as moot the Motion to Dismiss [DE 17] and the Motion for Leave to File Amended Complaint [DE 23]. The Court ORDERS Plaintiff to FILE the Amended Complaint on or before August 8, 2011. SO ORDERED this 1st day of August, 2011. s/ Paul R. Cherry MAGISTRATE JUDGE PAUL R. CHERRY UNITED STATES DISTRICT COURT cc: All counsel of record 2

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