Dawdy v. Allen et al

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to file a second amended complaint is GRANTED. [ECF No. 9 ] IT IS FURTHER ORDERED that the Clerk of Court shall detach and docket the second amended complaint, which was submitted as an attachment to the motion for leave. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon the second amended complaint pursuant to the service agreement the Court maintains with the Missouri Attorney General's Office as to defendant Renee Wombles. Signed by District Judge Audrey G. Fleissig on April 30, 2018. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
CRAIG DAWDY,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
LARRY ALLEN, et al.,
Defendants.

No. 2:17-CV-49 AGF

MEMORANDUM AND ORDER
This matter is before the Court on pro se plaintiff Craig Dawdy’s motion for leave to file
a second amended complaint. In his motion, plaintiff states that he seeks to file a second
amended complaint to add Count X, alleging claims against defendant Renee Wombles under the
First and Fourteenth Amendment. Plaintiff also seeks leave to file a second amended complaint
to remove defendant Shelly Orf from the case. The Court has found previously that defendant
Orf should be dismissed. See ECF No. 8.
Rule 15 of the Federal Rules of Civil Procedure states that “[t]he court should freely give
leave [to amend] when justice so requires.” In this case, the Court has issued its waiver of
service letter to defendants, but defendants have not filed responsive pleadings. The case is in its
initial stages, and the Court will grant plaintiff leave to file his second amended complaint.
Additionally, the Court has reviewed plaintiff’s second amended complaint, particularly
Count X. The Court finds that Count X states a plausible claim against defendant Renee
Wombles for violations of plaintiff’s First and Fourteenth Amendment rights. The Court will
order the Clerk of Court to issue process or cause process to issue upon the second amended

complaint pursuant to the service agreement the Court maintains with the Missouri Attorney
General’s Office as to defendant Renee Wombles.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to file a second amended
complaint is GRANTED. [ECF No. 9]
IT IS FURTHER ORDERED that the Clerk of Court shall detach and docket the
second amended complaint, which was submitted as an attachment to the motion for leave.
IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause
process to issue upon the second amended complaint pursuant to the service agreement the Court
maintains with the Missouri Attorney General’s Office as to defendant Renee Wombles.
Dated this 30th day of April, 2018.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

2