Reynolds v. Banks, et al

Filing 40

ORDER denying 32 Motion to Amend Complaint - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LARRY REYNOLDS,
Plaintiff,

CIVIL ACTION NO. 12-11664

vs.
DISTRICT JUDGE PAUL D. BORMAN
SANDRA BANKS, et al.,

MAGISTRATE JUDGE MONA K. MAJZOUB

Defendants.
___________________________/
ORDER DENYING PLAINTIFF’S MOTION TO AMEND COMPLAINT WITHOUT
PREJUDICE (DOCKET NO. 32)
This matter comes before the Court on Plaintiff’s motion to amend complaint filed on
November 13, 2012. (Docket no. 32). Defendant Banks has not responded to the motion and the
time for responding has expired. The motion has been referred to the undersigned for a hearing and
determination pursuant to 28 U.S.C. § 636(b)(1)(A). (Docket no. 33). The Court dispenses with
oral argument on the motion. E.D. Mich. LR 7.1(f).
Plaintiff moves for leave to file a third amended complaint to add Larry Demps as a Plaintiff
and clarify the legal theories and factual basis for his claims. The motion was filed several months
after Defendant Bank’s counsel withdrew from the case. (Docket no. 27). Defendant Banks is now
proceeding pro se. The proof of service attached to Plaintiff’s motion shows that it was filed using
the ECF system. (Docket no. 32). Service under the ECF system constitutes service on any party
in the case registered as a filing user. E.D. Mich. L.R. 5.1.1. Service on parties who are not
registered ECF users must be made by other means, such as mailing the motion to the party’s last
known address. Fed. R. Civ. P. 5(b)(2). Plaintiff has not shown that he served a copy of the motion
on Defendant Banks at her address of record at 8270 Rosemont, Detroit, MI. 48228. Accordingly,

the Court will deny Plaintiff’s motion without prejudice.
IT IS THEREFORE ORDERED that Plaintiff’s motion to amend complaint (docket no.
32) is DENIED without prejudice.
NOTICE TO THE PARTIES
Pursuant to Fed. R. Civ. P. 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: May 10, 2013

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

PROOF OF SERVICE
I hereby certify that a copy of this Order was served upon Defendant Banks by first class
U.S. mail and upon Counsel of Record on this date.

Dated: May 10, 2013

s/ Lisa C. Bartlett
Case Manager