Hardy v. Georgia Department of Corrections et al

Filing 41

ORDER granting 17 Motion to Amend/Correct. Plaintiff's Second Amended Complaint shall be the operative complaint in this case. The Court denies without prejudice Plaintiff's 10 Motion to Remand and finds as moot Defendants' 11 Motion to Dismiss; 31 Motion to Dismiss; 35 Motion to Dismiss; and 4 Motion for Judgment on the Pleadings. Signed by Chief Judge J. Randal Hall on 8/20/2018. (pts)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

*

GEORGE W. HARDY,

*

Plaintiff,
*

CV 117-172

*

V.

GEORGIA

DEPARTMENT

OF
*

CORRECTIONS et al..
Defendants.

ORDER

Before

complaint.

the

Court

(Doc. 17.)

is

Plaintiff's

motion

to

amend

his

Plaintiff's operative complaint alleges

claims under both federal and state law seeking compensation for

the amputation of his right leg above the knee after a missed
diagnosis in the Augusta State Medical Prison.
filed

a

proposed

Second

Amended

Complaint

in

Plaintiff has
response

to

a

motion to dismiss filed by some of the defendants in this case.
Plaintiff

claims

that

the

new

complaint

^^alleges

additional

facts as well as revises specific portions of his pleadings."
(Id.)

Upon due consideration, the Court GRANTS Plaintiff's motion
to

amend

and

INSTRUCTS

the

Clerk

(Doc.

to

FILE

Second

Amended

Complaint.

17).

Second

Amended

Complaint SHALL BE the

Plaintiff's

proposed

Plaintiff's

proposed

operative

complaint

in

this case.
Motion

Accordingly, the Court DENIES AS MOOT ''Defendants'

for

Partial

"Defendants'

Complaint"
Amended

Judgment

Partial

(doc.

Motion

on
to

11); "Partial

Complaint

of

the

Dismiss

Motion

Defendants

Pleadings"

(doc.

Plaintiff's

to

Chatman,

Dismiss

4);

Amended

Plaintiff's

Burnside,

Gore,

and

Fountain" (doc. 31); and "Motion to Dismiss Plaintiff's Amended

Complaint of Defendant Shante Wells" (doc. 35).
Court

DENIES

WITHOUT

PREJUDICE

Plaintiff's

Finally, the

motion

to

remand.

(Doc. 10.)

The Court cautions Plaintiff, however, that he should not

anticipate any additional opportunities to amend his complaint.
As Defendants note in their brief opposing Plaintiff s motion to

amend, the present lawsuit is Plaintiff s second lawsuit arising
out of the same set of operative facts.

(Doc. 26.)

Plaintiff

filed a complaint alleging the same causes of action against the
same

defendants

in

June

2017.

See

Hardy

v.

Georgia

Corr., No. l:17-cv-67 (S.D. Ga. June 15, 2017).
Defendants

amended

a

complaint

voluntarily
Second

filed

to

twenty-one

dismissed

Amended

Complaint.

motion

the

Complaint

dismiss

days

and

case.

Thus,

is

effect

in

of

In that action

Plaintiff

later.

Dep't

filed

Plaintiff

Plaintiff's
his

Fifth

an

then

proposed
Amended

The Court will therefore deny any future motions to

amend absent a showing of good cause by Plaintiff.

See Corsello

V. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (noting

that district courts may deny motions to amend "(1) where there

has

been

undue

failure to cure

delay,

bad

faith,

deficiencies

dilatory

by amendments

motive,

or

repeated

previously allowed;

(2) where allowing amendment would cause undue prejudice to the

opposing party; or (3) where amendment would be futile.").
ORDER

ENTERED

at

Augusta,

Georgia,

this

of

August, 2018 .

J. RJ^NDA
UNITED

S

HALL,/CHIEF JUDGE
ATES DISTRICT

COURT

S.0UTHE1RN DISTRICT OF GEORGIA