Hill v. Kilbourne et al

Filing 16

ORDER granting 14 Motion for Identification of John Doe 1, 2 and 3 to identify Col. John Smith, Maj. Doug Stroughter and Capt. Jerry Babin as the 3 defts. In all other respects, the motion is denied. IT IS ORDERED that defts Col. John Smith, Maj. Doug Stroughter and Capt. Jerry Babin be served with the amended complaint (7) in accordance with law. Signed by Magistrate Judge Stephen C. Riedlinger on 3/30/2012. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MARCUS D. HILL (#310825)
VERSUS

CIVIL ACTION

TYRONE KILBOURNE, ET AL

NUMBER 11-778-FJP-SCR

RULING ON MOTION FOR IDENTIFICATION OF JOHN DOES
AND MOTION FOR AMENDMENT OF DEFENDANTS
and
ORDER TO SERVE DEFENDANTS
Before the court is the plaintiff’s Motion for Identification
of John Doe #1, 2 and 3, and Motion for Amendment of Defendants.
Record document number 14.
Plaintiff moved to amend the complaint to identify Col. John
Smith, Maj. Doug Stroughter and Capt. Jerry Babin as the three
defendants previously identified as John Doe numbers 1, 2 and 3.
Plaintiff also sought to amend the complaint a third time to add
seven additional defendants.
A party has a right to amend a pleading one time if done
within 21 days of its service.

Rule 15(a)(1)(A), Fed.R.Civ.P.

Later amendments are permitted “only with the opposing party’s
written consent or the court’s leave.” Rule 15(a)(2). A review of
the record showed that the plaintiff filed his complaint on
November 11, 2011, and amended the complaint on December 2, 2011.1

1

Record document numbers 1 and 7, respectively.

On February 22, 2012, the defendant MSgt. Tyrone Kilbourne filed an
answer to the complaint.2

Plaintiff did not obtain the written

consent of defendant MSgt. Kilbourne to amend the complaint.
A review of the proposed amended complaint supports finding
that the plaintiff should be granted leave of court to amend his
complaint

for

the

purpose

on

identifying

Col.

Smith,

Maj.

Stroughter and Capt. Babin as the three defendants previously
identified as John Doe numbers 1, 2 and 3.
warranted

insofar

as

the

plaintiff

Leave to amend his not

sought

to

add

seven

new

defendants because the plaintiff did not allege any facts against
the proposed new defendants.
Accordingly, the plaintiff’s motion to amend the complaint to
identify Col. John Smith, Maj. Doug Stroughter and Capt. Jerry
Babin as the three defendants previously identified as John Doe
numbers 1, 2 and 3 is granted.

In all other respects, the motion

is denied.
Therefore;
IT IS ORDERED that defendants Col. John Smith, Maj. Doug
Stroughter and Capt. Jerry Babin be served with the amended
complaint, record document number 7, in accordance with law.
Baton Rouge, Louisiana, March 30, 2012.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE
2

Record document number 11.
2