Vontz v. Rochowiak et al

Filing 13

ORDER Denying 11 Motion to File Amended Complaint and Dismissing the Amended Complaint. Signed by District Judge George Caram Steeh. (BSau)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NICHOLAS VONTZ, #380134,
Plaintiff,
CASE NO. 2:20-CV-11339
HON. GEORGE CARAM STEEH

v.
SUZANNE ROCHOWIAK &
GERMAYN GORMAN,
Defendants.
/

ORDER DENYING THE MOTION TO FILE AN AMENDED
COMPLAINT AND DISMISSING THE AMENDED COMPLAINT
Michigan prisoner Nicholas Vontz (“plaintiff”) filed a pro se civil rights
complaint pursuant to 42 U.S.C. § 1983 asserting that his state criminal
trial proceedings were not accurately transcribed. Specifically, he asserted
that a critical objection was omitted, that an exhibit presented to the jury
was not properly logged, and that an audio recording played for the jury
was not properly transcribed. The plaintiff named court reporters Suzanne
Rochowiak and Germayn Gorman as the defendants and sued them in
their official and individual capacities seeking injunctive relief and monetary
damages. The Court dismissed the complaint for failure to state a claim
upon which relief may be granted under § 1983 because the complaint was
subject to dismissal pursuant to Heck v. Humphrey, 512 U.S. 477 (1994),
to the extent that it concerned the validity of his state criminal proceedings,

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and because the plaintiff failed to allege sufficient facts to state a due
process claim or an access to the courts claim in his pleadings. The Court
did not retain jurisdiction. The matter is now before the Court on the
plaintiff's motion to amend the complaint to attempt to correct pleading
deficiencies in the original complaint, along with an amended complaint.
The motion to amend the complaint must be denied. First, the Court
has already dismissed the complaint and the case has been closed. While
a federal court generally has discretion to allow amendment of a civil
complaint, see Fed. R. Civ. P. 15(a), such is not the case where, as here,
the Court has already dismissed the complaint. Under Federal Rule of Civil
Procedure 15, once a judgment has been entered in a case, the filing of an
amendment is not allowed unless the judgment has been set aside or
vacated. In re Ferro Corp. Derivative Litigation, 511 F.3d 611, 624 (6th Cir.
2008); accord Griffey v. Lindsey, 345 F.3d 1058, 1062 (9th Cir. 2003); Pitts
v. Champion, 16 F. App'x 975, 977 (10th Cir. 2001); Harris v. City of
Auburn, 27 F.3d 1284, 1287 (7th Cir. 1994). No such action has occurred
in this case. Moreover, the Court's dismissal of the initial complaint was
appropriate because the plaintiff failed to state valid claims for relief.
Second, allowing the plaintiff to amend the complaint as requested
would be futile. The plaintiff continues to fail to state a claim upon which

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relief may be granted under § 1983 for the same reasons that he failed to
do so originally. Moreover, while he includes terms such as “maliciously”
and “corruptly” to his allegations, he still fails to allege facts to state valid
claims for relief. Conclusory allegations are insufficient to state a civil
rights claim under § 1983. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007); Crawford-El v.
Britton, 523 U.S. 574, 588 (1998); Moldowan v. City of Warren, 578 F.3d
351, 390-91 (6th Cir. 2009). Accordingly, the Court DENIES the motion to
amend the complaint and DISMISSES the amended complaint. This case
remains closed. No further pleadings should be filed in this case.
Additional pleadings may be stricken.
IT IS SO ORDERED.
Dated: July 31, 2020
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
July 31, 2020, by electronic and/or ordinary mail and also on
Nicholas Vontz #380134, Earnest C. Brooks Correctional Facility
2500 S. Sheridan Drive, Muskegon Heights, MI 49444.
s/Brianna Sauve
Deputy Clerk

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