Moore v. Russell et al

Filing 9

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for leave to file an amended complaint [ECF No. 8] is DENIED. 8 Signed by District Judge Jean C. Hamilton on 8/25/16. (CLA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ANTON MOORE, ) ) ) ) ) ) ) ) ) Plaintiff, v. TERRY RUSSELL, et al., Defendants, No. 4:16-CV-1148 PLC MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion for leave to file an amended complaint. The motion is denied. Although the Federal Rules have a liberal policy towards amendments, “[p]ost-dismissal 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). Plaintiff has not demonstrated that he has any meritorious claims in his amendment. Therefore, the motion is denied. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to file an amended complaint [ECF No. 8] is DENIED. Dated this 25th day of August, 2016. \s\ Jean C. Hamilton UNITED STATES DISTRICT JUDGE

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