COBBLE v. FIELDS et al

Filing 14

ORDER DISMISSING 12 Amended Complaint filed by DANIEL ERIC COBBLE. Ordered by Judge Marc Thomas Treadwell on 12/14/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

DANIEL ERIC COBBLE,
Plaintiff
VS.
SHEVONDAH FIELDS,
Defendants
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CIVIL NO. 5:12-CV-464-MTT-MSH

ORDER
Plaintiff DANIEL ERIC COBBLE, a prisoner at Baldwin State Prison in Hardwick,
Georgia, filed a pro se civil rights complaint under 42 U.S.C. '1983. After conducting a
preliminary view of his Complaint, this Court found that Plaintiff could not proceed in
forma pauperis in the instant case, as three or more of Plaintiff’s prior cases were
dismissed and count as “strikes” under 28 U.S.C. §1915(g). Plaintiff’s Complaint was
then dismissed without prejudice. See Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002).
The final judgment was entered on December 6, 2012.
Plaintiff has since filed a lengthy amended complaint in this case. While it is true
that Federal Rule of Civil Procedure 15(a)(1) provides that a party may amend his
pleading once as a matter of course, “Rule 15 has no application . . . once the district court
has dismissed the complaint and entered final judgment for the defendant.” Lee v.
Alachua County, FL, 461 F. App’x 859, 860 (11th Cir. 2012) (quoting Jacobs v. Tempur–
Pedic Int'l, Inc., 626 F.3d 1327, 1344-45 (11th Cir. 2010); see also Palmer v. Champion
Mortg., 465 F.3d 24, 30 (1st Cir. 2006) (post-judgment requests for leave to amend a

pleading, “whatever their merit, cannot be allowed . . .”). “[T]o hold otherwise would
enable the liberal amendment policy of Rule 15(a) to be employed in a way that is
contrary to the philosophy favoring finality of judgments and the expeditious termination
of litigation.” Williams v. Citigroup Inc., 659 F.3d 208, 213 (2d Cir. 2011).
Plaintiff’s Amended Complaint (ECF No. 12) is accordingly DISMISSED.

SO ORDERED, this 14th day of December, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr

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