Docket entry 21, 26 March 2026 · source · PDF · 5 pages
Docket text. ORDER - Defendant's motion to dismiss [DE 14] is GRANTED. Plaintiff's second motion for leave to amend the complaint [DE 16] is DENIED. Plaintiff's motion to strike plaintiff's reply [DE 19] is DENIED as MOOT. The Clerk is DIREC TED to close the case. Signed by District Judge Terrence W. Boyle on 3/26/2026. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Stouch, L.)
Plaintiff responded with a renewed motion for leave to amend her complaint [DE 16], attaching a second proposed amended complaint [DE 16-1]. Plaintiff's second motion to amend the complaint also contained fictitious citations. DISCUSSION A 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted tests the complaint 's legal and factual sufficiency.
The Court also addresses plaintiffs motion for leave to file a second amended complaint. By the time plaintiff filed her motion [DE 16], she had already been warned that the Court would not tolerate fabricated citations . Leave to amend a complaint should be freely given when justice so requires.
1986). Here, plaintiffs inclusion of more fabricated citations in the proposed amended complaint constitutes bad faith. 3 The motion for leave to amend is also denied because amendment would be futile.