White v. Lamartiniere et al

Filing 25

ORDER: as to 22 MOTION to Amend 1 Complaint filed by Robert LaTroy White. IT IS ORDERED that the pltf's Motion for Leave to Amend,rec.doc.no. 22 , be and it is hereby DENIED.. Signed by Magistrate Judge Christine Noland on 2/21/2012. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ROBERT LATROY WHITE (#241145)

CIVIL ACTION

VERSUS
JOE LAMARTINIERE, ASS’T WARDEN, ET AL.

NO. 11-0215-JJB-CN

O R D E R
This matter comes before the Court on the plaintiff’s Motion for
Leave to Amend, rec.doc.no. 22.

This motion shall be denied.

On January

24, 2012, a Magistrate Judge’s Report was entered herein, rec.doc.no. 20,
recommending dismissal of the above-captioned proceeding as legally
frivolous and for failure to state a claim upon which relief may be
granted.
Whereas leave to amend should be freely granted when justice
requires and, moreover, should be granted when to do so would cure
deficiencies in a plaintiff’s pleadings, see Rule 15(a)(2) of the Federal
Rules of Civil Procedure, such leave need not be granted where the
plaintiff has apparently alleged his “best case”, and the underlying
defect in his case will not be cured by the amendment.

See, e.g., Watson

v. Walton, 68 F.3d 465 (5th Cir. 1995); Wilson v. Zimmerman, 2008 WL
2699740 (E.D. La., July 1, 2008).

In the instant case, the plaintiff’s

proposed amendment provides no new factual information and does nothing
more than reiterate the claims asserted in the original Complaint.

Accordingly,

the

amendment

would

not

alter

the

Court’s

original

conclusion and, so, is not warranted.
Therefore,
IT IS ORDERED that the plaintiff’s Motion for Leave to Amend,
rec.doc.no. 22, be and it is hereby DENIED.
Signed in chambers in Baton Rouge, Louisiana, February 21, 2012.

MAGISTRATE JUDGE CHRISTINE NOLAND