Hack v. Corrections Corp of America of Tennessee L L C et al

Filing 7

ORDER denying 6 Motion for Recusal. Signed by Judge James T Trimble, Jr on 5/12/09. (crt,Davis, C)

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RECEIVED IN LAKE CHARLES, LA UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA D1VISION DOCKET NO. 09-413 JUDGE TRIMBLE MAGISTRATE JUDGE KIRK t1A1~009 2~ TONY R. MOORE CLERK WESTERN DISTRICT S LOUISIANA RONNIE HACK VS. CORRECTION CORP OF AMERICA OF TENNESSEE LLC, ET AL ORDER Before the Court is a "Motion for Recusal of Magistrate Judge Kirk" (doe. #6) wherein the Plaintiff seeks to recuse the Magistrate Judge because he allegedly refused to allow Plaintiff to amend his complaint. The Court notes that the Amended Complaint (doe. #4) has been filed into the record as of March 25, 2009. The Amended Complaint was not filed pursuant to a motion. Furthermore, it was not necessary for the Magistrate Judge to rule on a motion to amend because the amended complaint was automatically filed into the record.' Magistrate Judge, it is ORDERED that the motion to recuse is hereby DENIED. THUS DONE AND SIGNED in Chambers at Alexandria, Louisiana, this 2009. ____ Finding no basis in law or fact to recuse the day of May, T TRIMBLE, JR. STATES DISTRICT JUDGE Rule 15 of the Rules of Civil Procedure provides that a party may amend a complaint before being served with a responsive pleading. In the instant case, no responsive pleadings have been filed, thus no leave of court is required.

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