Frazier v. National Aeronautics and Space Administration (NASA)
OPINION and ORDER Denying Plaintiff's Request to Amend Complaint re: 4 Letter of Amendment. Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Civil Case No. 17-11280
Honorable Linda V. Parker
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION (NASA),
OPINION AND ORDER DENYING PLAINTIFF’S REQUEST TO AMEND
On April 24, 2017, Plaintiff initiated this lawsuit against Defendant, the
National Aeronautics and Space Administration (“NASA”), seeking monetary
damages of $600 million. On June 26, 2017, this Court summarily dismissed
Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). On June 5, 2017, this
Court received a letter from Plaintiff, titled “Letter of Amendment[,]” which the
Court construes as a motion to amend her Complaint. (ECF No. 4.)
In this letter, Plaintiff essentially states that she failed to state a claim that
would survive dismissal of her initial complaint and that she therefore desires to
amend the complaint. Plaintiff indicates that if she is allowed to amend her
complaint, the complaint will include three entities instead of one: NASA,
Lockheed Martin, and Raytheon. Plaintiff further provides that she is alleging a
federal claim, since her “problem is a space problem.”
Plaintiff, however, provides insufficient information to lead this Court to
conclude that she could amend her complaint to state a claim with merit. In any
event, “[c]ourts have no discretion in permitting a plaintiff to amend a complaint to
avoid [a dismissal by the court pursuant to 28 U.S.C. § 1915(e)(2)(B)].” McGore
v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997); see also Wimberly v.
Embridge, 93 F. App’x 22, 23 (6th Cir. 2004).
IT IS ORDERED that Plaintiff’s request to amend her Complaint is
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: June 16, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, June 16, 2017, by electronic and/or U.S.
First Class mail.
s/ R. Loury
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?