Dawes v. Dupuy et al

Filing 89

ORDER granting 17 Motion to Correct Named Defendants considered as a motion for leave to file an amended complaint. Pltf shall have 14 days to file an amended complaint which properly names these defts. Signed by Magistrate Judge Stephen C. Riedlinger on 7/12/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ALAN DAWES (#83855)
VERSUS

CIVIL ACTION

JUDY DUPUY, ET AL

NUMBER 11-142-BAJ-SCR

RULING ON MOTION TO CORRECT NAMED DEFENDANTS
Before the court is the plaintiff’s Motion to Correct Named
Defendants.

Record document number 17.

The motion will be

considered as a motion for leave to file an amended complaint.
Among the many defendants sued by the plaintiff are the “East
Baton Rouge Police Jury,” the “Department of Public Works,” and the
“Baton Rouge City Council.” Plaintiff filed this motion seeking to
correct the names of these defendants to “City/Parish Government.”
His request is based on information in the May 6, 2011 letter from
Senior Special Assistant Parish Attorney James L. Hilburn which
advised the plaintiff that waivers of service for the named
entities are being returned because they are not legal entities
capable of being sued, and the correct defendant is City/Parish
Government.

None of these named defendants has filed an answer or

other responsive pleading.
Accordingly,

the

plaintiff’s

Motion

to

Correct

Named

Defendants, considered as a motion for leave to file an amended
complaint, is granted.

Plaintiff shall have 14 days to file an

amended complaint which properly names these defendants.
Baton Rouge, Louisiana, July 12, 2011.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

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