Hoosier v. Liu et al
OPINION AND ORDER granting 48 Request to amend complaint, requiring the Clerk to substitute name for Jane Doe, and directing service by the U.S. Marshal. Signed by Magistrate Judge Anthony P. Patti. (DPer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 2:16-CV-10688
District Judge Denise Page Hood
Magistrate Judge Anthony P. Patti
WENDY LIU, et al.,
OPINION AND ORDER GRANTING PLAINTIFF’S REQUEST TO
AMEND COMPLAINT (DE 48), REQUIRING THE CLERK TO
SUBSTITUTE NAME FOR JANE DOE, AND DIRECTING SERVICE BY
THE U.S. MARSHAL
This matter is before the Court for consideration of Plaintiff Dwayne
Hoosier’s request to file an amended complaint. (DE 48.) The Court will interpret
Plaintiff’s request as a motion to amend the complaint. For the reasons that follow,
Plaintiff’s Motion is GRANTED pursuant to the limitations outlined below.
Plaintiff, a state prisoner proceeding without the assistance of counsel, filed
his Complaint and Application to Proceed Without Prepayment of Fees on
February 24, 2016, bringing claims under 42 U.S.C. § 1983. (DE 1, 2.) Plaintiff
alleges claims of deliberate indifference to his medical needs, leading to a
diagnosis of ulcerative colitis and complications from medications prescribed to
him. (DE 1.) He named eleven defendants in his complaint, one of which is listed
as Jane Doe, and all appear to be medical professionals who treated him during his
various illnesses. To date, the ten named defendants have been served, and four of
those ten defendants have been dismissed. Plaintiff now seeks leave to amend the
complaint to substitute LPN Sears for the Jane Doe defendant in his Complaint.
Specifically, Plaintiff seeks to substitute LPN Sears for Jane Doe in paragraphs 9,
74-76, and 78 of the Statement of Facts, paragraph 164 of the Statement of Claims,
and paragraph c of the Relief Requested sections of his Complaint. (DE 48.)
Under Federal Rule of Civil Procedure 15(a), a party may amend its
pleadings at this stage of the proceedings only after obtaining leave of court. The
Rule provides that the Court should freely give leave for a party to amend its
pleading “when justice so requires.” Fed. R. Civ. P. 15(a)(2). “Nevertheless, leave
to amend ‘should be denied if the amendment is brought in bad faith, for dilatory
purposes, results in undue delay or prejudice to the opposing party, or would be
futile.”’ Carson v. U.S. Office of Special Counsel, 663 F.3d 487, 495 (6th Cir.
2011) (quoting Crawford v. Roane, 53 F.3d 750, 753 (6th Cir. 1995)).
In addition, the Local Rules of the Eastern District of Michigan require a
party moving to amend a pleading to “attach the proposed amended pleading to the
motion.” E.D. Mich. LR 15.1. Any amendment to a pleading must “reproduce the
entire pleading as amended, and may not incorporate any prior pleading by
The Court concludes that, under the liberal amendment standard outlined in
Rule 15(a)(2), Plaintiff is entitled to amend his Complaint. There is no indication
that the amendment was brought in bad faith or for dilatory purposes. Nor could it
be considered prejudicial to the remaining defendants, because the proposed
amendment does not assert any additional facts or claims against them.
Accordingly, to the extent Plaintiff attempts to substitute LPN Sears for Jane Doe
in paragraphs 9, 74-76, 78, 164, and paragraph c of the relief requested, his Motion
is GRANTED. (DE 48.)
Plaintiff has failed to follow the requirements outlined in the Local Rules to
“attach the proposed amended pleading to the motion.” E.D. Mich. LR 15.1.
However, Plaintiff is incarcerated and proceeding pro se. Because the Court holds
pro se complaints to “less stringent standards than formal pleadings drafted by
lawyers,” it will incorporate the substitution of LPN Sears for Jane Doe in
Plaintiff’s long, handwritten Complaint, rather than have him write it out by hand
all over again. (DE 1). Haines v. Kerner, 404 U.S. 519, 520 (1972). Accordingly,
the Court will ORDER that LPN Sears be substituted for Jane Doe in paragraphs
9, 74-76, 78, 164 and paragraph c of the relief requested, as if fully stated therein.
Plaintiff is cautioned that any future Motions to Amend Complaint MUST contain
a copy of the fully Amended Complaint, with all prior versions and requested
changes fully incorporated within a single document.
The Clerk of the Court is DIRECTED to substitute LPN Sears for
Defendant Jane Doe. Also, the U.S. Marshal is DIRECTED to serve summons
and Complaint (DE 1), and a copy of this Order, upon LPN Sears by mail at 3855
Cooper Street, Jackson, MI 49201, without prepayment of the costs of such
service. The Marshal may collect the usual and customary costs from Plaintiff
after effecting service.
IT IS SO ORDERED.
Dated: October 17, 2017
s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on October 17, 2017, electronically and/or by U.S. Mail.
Case Manager for the
Honorable Anthony P. Patti
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