Webb v. Flint, City of et al

Filing 38

ORDER to Strike 30 Amended Complaint filed by Blair C Webb - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BLAIR WEBB
Plaintiff,
vs.

CIVIL ACTION NO. 11-CV-12830
DISTRICT JUDGE VICTORIA A. ROBERTS
MAGISTRATE JUDGE MONA K. MAJZOUB

FLINT, CITY OF, et. al.,
Defendants.
_______________________/
ORDER TO STRIKE AMENDED COMPLAINT FILED AT DOCKET NO. 30
This is a pro se civil rights action filed by Plaintiff Blair Webb pursuant to 42 U.S.C. § 1983
on June 30, 2011. On October 6, 2011 Plaintiff filed a first amended complaint. (Docket no. 11).
On December 21, 2011 Defendant City of Flint filed a Motion to Dismiss for Failure to State a
Claim. (Docket no. 20). Plaintiff filed a response on January 18, 2012. (Docket no. 22).
Subsequently, this Court recommended that the Motion to Dismiss filed by the City of Flint be
granted. (Docket no. 31). The Court adopted the recommendation and dismissed Defendant City
of Flint on August 7, 2012. (Docket no. 33). Three of the four individual Defendants named by
Plaintiff have recently filed an answer to the amended complaint. (Docket no. 34). Defendant
Urban, the fourth individual Defendant named by Plaintiff, has not been served. (Docket no. 16).
On June 11, 2012 Plaintiff filed a “Complaint” against a new Defendant, Officer Jeff
Bauermeister, claiming that Bauermeister engaged in a cover-up during an investigation he
performed on a prior excessive force case filed by Plaintiff. (Docket no. 30). The complaint, which
is Plaintiff’s second amended complaint, names Jeff Bauermeister but does not name or state any

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claim against the individual Defendants identified in the first amended complaint. All pretrial
proceedings have been referred to the undersigned for action. (Docket no. 10).
Federal Rule of Civil Procedure 15(a) provides that a “party may amend its pleading once
as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a
responsive pleading is required, 21 days after service of a responsive pleading or 21 days after
service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed.R.Civ.P. 15(a)(1)(A),(B).
Otherwise “a party may amend its pleading only with the opposing party’s written consent or the
court’s leave. The court should freely give leave when justice so requires.” Fed.R.Civ.P. 15(a)(2).
Plaintiff filed his second amended complaint without obtaining leave of this Court or written
consent of the Defendants, as required by Rule 15(a), Fed. R. Civ. P. Accordingly, the Court will
strike the complaint filed at docket no. 30 for failure to comply with Rule 15.
IT IS THEREFORE ORDERED that the complaint filed at docket no. 30 is stricken for
failure to comply with Federal Rule of Civil Procedure 15.
NOTICE TO THE PARTIES
Pursuant to Federal Rule of Civil Procedure 72(a), the parties have a period of fourteen days
from the date of this Order within which to file any written appeal to the District Judge as may be
permissible under 28 U.S.C. § 636(b)(1).
Dated: September 5, 2012

s/ Mona K. Majzoub
MONA K. MAJZOUB
UNITED STATES MAGISTRATE JUDGE

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PROOF OF SERVICE
I hereby certify that a copy of this Order was served upon Blair Webb and Counsel of Record
on this date.
Dated: September 5, 2012

s/ Lisa C. Bartlett
Case Manager

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