STURM v. CITY OF INDIANAPOLIS et al

Filing 95

ORDER denying Plaintiff's 68 Appeal of Magistrate Judge Decision (denying leave to file Second Amended Complaint) to District Court. Signed by Judge Richard L. Young on 4/13/2016. (TMD)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JOHN STURM, Plaintiff, vs. CITY OF INDIANAPOLIS, OFFICER CATHERINE HEDGES, in her official and individual capacities, and OFFICER GREGORY STEWART, in his official and individual capacities, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) 1:14-cv-00848-RLY-MPB ENTRY ON PLAINTIFF’S RULE 72 OBJECTION Plaintiff objects to the Magistrate Judge’s Order denying him leave to file a Second Amended Complaint. The Magistrate Judge based his decision on the following: (1) Plaintiff filed his motion for leave more than nine months after the agreed upon and court-ordered deadline; (2) Plaintiff had enough information at the time he filed his First Amended Complaint to assert a battery claim against Officer Hatch and a Monell claim against the City of Indianapolis; and (3) Defendants would be prejudiced by the addition of new legal theories. Based on the court’s review of the record, the Magistrate Judge did not commit any legal error or abuse his discretion. Accordingly, Plaintiff’s Objection (Filing No. 68) is OVERRULED. SO ORDERED this 13th day of April 2016. __________________________________ RICHARD L. YOUNG, CHIEF JUDGE United States District Court Southern District of Indiana 1 Distributed Electronically to Registered Counsel of Record. 2

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