Fountain v. Wilson et al

Filing 18

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's second motion to file an amended complaint in this closed action [ECF No. 16] is DENIED. IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel [ECFNo. 17] is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 4/22/2013. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DEVIN DESHAUN FOUNTAIN,
Plaintiff,
v.
ROBERT WILSON, et al.,
Defendants.

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No. 1:13CV00019 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s second post-dismissal motion to
file an amended complaint. Because plaintiff is a prisoner and is proceeding in forma
pauperis, the Court reviewed his original complaint under 28 U.S.C. § 1915(e) and
dismissed it for failure to state a claim upon which relief can be granted. Plaintiff
seeks to bring the same claims in his amended complaint and has named additional
defendants as being responsible for those claims.
Although the Federal Rules have a liberal policy towards amendments, “[p]ostdismissal motions to amend are disfavored,” In re Medtronic, Inc., Sprint Fidelis
Leads Products Liability Litigation, 623 F.3d 1200, 1208 (8th Cir. 2010), and
amendments should not be granted when they would be frivolous or “futile.” See
Foman v. Davis, 371 U.S. 178, 182 (1962); Coleman v. Ramada Hotel Operating Co.,
933 F.2d 470, 473 (7th Cir. 1991). In this action, it would be futile to allow plaintiff

to file his amended complaint because it contains the same defects as the original
complaint. Consequently, the motion is denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s second motion to file an amended
complaint in this closed action [ECF No. 16] is DENIED.
IT IS FURTHER ORDERED that plaintiff’s motion to appoint counsel [ECF
No. 17] is DENIED as moot.
Dated this 22nd day of April, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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