Wann v. St. Francois County et al

Filing 131

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's Motion to Reconsider the Striking of his First Amended Petition and for Leave to File First Amended Petition 125 is DENIED. Signed by District Judge Catherine D. Perry on June 16, 2016. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHARD LEE WANN,
Plaintiff,
v.
ST. FRANCOIS COUNTY, MISSOURI,
et al.,
Defendants.

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No. 4:15 CV 895 CDP

MEMORANDUM AND ORDER
Plaintiff asks me to reconsider my May 2, 2016, Order wherein I struck his
proposed “First Amended Verified Complaint” because he failed to seek leave to file
it as instructed and because the proposed amended complaint added back in
defendants and claims that were previously dismissed with prejudice. (Order, ECF
120.) I have reviewed the contentions raised in plaintiff’s motion to reconsider and
am not persuaded that I erred in my decision to strike his proposed amended
complaint. Most significantly, the “additional facts” that plaintiff claims provide
the bases for his amended complaint all address claims and defendants that, as
indicated in my May 2 Order, were previously dismissed with prejudice in my
Memorandum and Order entered March 7, 2016. Plaintiff’s recitation of additional
facts does not resurrect claims that were previously dismissed on their merits for
failure to state a claim. See Rodgers v. University of Mo. Bd. of Curators, 56 F.

Supp. 3d 1037 (E.D. Mo. 2014) (Rule 12(b)(6) dismissal for failure to state a claim
is a dismissal with prejudice on the merits); see also Carter v. Money Tree Co., 532
F.2d 113 (8th Cir. 1976) (dismissal for failure to state a claim is res judicata to
claims plaintiff was attempting to state).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Motion to Reconsider the
Striking of his First Amended Petition and for Leave to File First Amended Petition
[125] is DENIED.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 16th day of June, 2016.

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