Ali v. Prator et al

Filing 37

JUDGMENT ADOPTING 33 Report and Recommendations. IT IS ORDERED that Motion for Summary Judgment 26 is GRANTED and Plaintiff's complaint is DISMISSED WITH PREJUDICE. Signed by Judge Tom Stagg on 6/12/2009. (crt,Joffrion, B)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

MALIK MUHAMMAD ALl VERSUS STEVE PRATOR, ET AL.

CIVIL ACTION NO. 08-0 192 JUDGE TOM STAGG MAGISTRATE JUDGE HORNSBY JUDGMENT

In written objections to the Report and Recommendation of the Magistrate Judge previously filed herein, the plaintiff attempts to amend his complaint to add claims against two new parties. Plaintiff has been aware of the existence of these parties since before he commenced his lawsuit. A party's attempt to raise new theories ofrecovery by amendment when the opposing party has filed a motion for summary judgment is carefully scrutinized. $~Little v. Liquid Air Corp±952 F.2d 841, 846 and n.2 (5th Cir. 1992). The addition of , claims against these new defendants would require further discovery and another motion for summary judgment, which would unduly prejudice the defendants. Over a year has passed between the filing ofthe complaint and the attempt to amend which could have been avoided by due diligence, as the plaintiff clearly could have raised the additional claims/defendants in his original complaint or at least sought to amend at an earlier time. ~ Layfield v. Bill

Heard Chevrolet Co., 607 F.2d 1097, 1099 (5th Cir. 1979). The plaintiff bears the burden of showing that delay was due to "oversight, inadvertence or excusable neglect." Gregory v. Mitchell, 634 F.2d 199,203 (SthCir. 1981) (citation omitted). The plaintiffmade no such

showing. For these reasons and those assigned in the Report and Recommendation, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that the Motion for Summary Judgment (Doe. 26) filed by Sheriff Steve Prator and Nurse Kathy l3obbitt is granted and Plaintiffs complaint is dismissed with prejudice. THUS DONE AND SIGNED at Shreveport, Louisiana, this the une,
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TOM STAGG UNITED STATES DISTRICT J

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