Dawdy v. Allen et al
Filing
36
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for leave to file a third amended complaint is GRANTED. ECF No. 34 . The Clerk of Court shall detach and docket the third amended complaint, which was attached to the motion f or leave (ECF No. 34-1). IT IS FURTHER ORDERED that, to the extent the third amended complaint attempts to re-plead any claims that the Court previously dismissed, such claims are again DISMISSED. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon the third amended complaint pursuant to the service agreement the Court maintains with the Missouri Attorney General's Office as to defendant Doug Worsham. Signed by District Judge Audrey G. Fleissig on 5/29/2019. (AFC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
CRAIG DAWDY,
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Plaintiff,
v.
LARRY ALLEN, et al.,
Defendants.
No. 2:17-CV-49-AGF
MEMORANDUM AND ORDER
This matter is before the Court on the pro se Plaintiff’s motion (ECF No. 34) for leave to
file a third amended complaint. Plaintiff filed his motion before the deadline set forth in the
Case Management Order and properly attached a proposed amended complaint. Plaintiff asserts
that he seeks to add an additional Defendant, Doug Worsham, who is the Supervisor of
Religious/Spiritual Programming for the Missouri Department of Corrections, and to correct
errors. However, Plaintiff alleges that he does not seek to plead additional counts or to make
other substantive changes to his previously-filed complaint. Defendants have not responded to
the motion, and the time to do so has passed.
Pursuant to Federal Rule of Civil Procedure 15(a)(2), the Court will grant Plaintiff’s
motion for leave to amend. However, notwithstanding Plaintiff’s representation that he did not
intend to add any claims or substantively change his allegations, it is not clear to the Court
whether the proposed third amended complaint attempts to re-plead claims that the Court
previously dismissed. For example, the Court previously dismissed Plaintiff’s Eighth
Amendment claims.1 ECF No. 7. The Court also dismissed, based on Eleventh Amendment
immunity, any claims against state official defendants named in their official capacities for
monetary damages. ECF No. 27. These claims are still referenced in the proposed third
amended complaint. To the extent that Plaintiff’s proposed third amended complaint attempts to
re-plead such claims, the claims are again dismissed for the reasons previously stated.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for leave to file a third amended
complaint is GRANTED. ECF No. 34. The Clerk of Court shall detach and docket the third
amended complaint, which was attached to the motion for leave (ECF No. 34-1).
IT IS FURTHER ORDERED that, to the extent the third amended complaint attempts
to re-plead any claims that the Court previously dismissed, such claims are again DISMISSED.
IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause
process to issue upon the third amended complaint pursuant to the service agreement the Court
maintains with the Missouri Attorney General’s Office as to defendant Doug Worsham.
________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 29th day of May, 2019.
1
The Court also dismissed without prejudice Plaintiff’s claims against Defendant Shelly
Orf, but the Court thereafter granted Plaintiff’s motion for leave to amend his complaint and replead claims against this Defendant. ECF No. 13.
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