Smith v. Montgomery County Sheriff's Office et al
Filing
12
ORDER REGARDING AMENDED COMPLAINT AND ADDITION OF A PARTY DEFENDANT - This case is before the Court on Plaintiff's Motion for Leave to File an Amended and Supplemented Complaint and to add Montgomery County, Ohio, as a defendant (Doc. No. 9). Be cause no answer has been filed in the case, Plaintiff does not need leave of court to amend. Accordingly, it is hereby ordered that the Clerk detach the proposed amended complaint from the Motion and file it separately. The request for joinder of Mon tgomery County is granted without prejudice to a determination, once the Montgomery County Board of County Commissioners has been served with process, of whether it is a proper defendant in this case in that the sued individual Defendants are employees of the Montgomery County Sheriff, an independently elected public official. Signed by Magistrate Judge Michael R Merz on 3/23/2011. (kpf1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
BILLY M. SMITH, Plaintiff, -vs: MONTGOMERY COUNTY SHERIFF'S OFFICE, et al., Defendants. : Case No. 3:10-cv-448 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz
ORDER REGARDING AMENDED COMPLAINT AND ADDITION OF A PARTY DEFENDANT This case is before the Court on Plaintiff's Motion for Leave to File an Amended and Supplemented Complaint and to add Montgomery County, Ohio, as a defendant (Doc. No. 9). Because no answer has been filed in the case, Plaintiff does not need leave of court to amend. Accordingly, it is hereby ordered that the Clerk detach the proposed amended complaint from the Motion and file it separately. The request for joinder of Montgomery County is granted without prejudice to a determination, once the Montgomery County Board of County Commissioners has been served with process, of whether it is a proper defendant in this case in that the sued individual Defendants are employees of the Montgomery County Sheriff, an independently elected public official. March 23, 2011.
s/ Michael R. Merz United States Magistrate Judge
March 23, 2011.
s/ Michael R. Merz United States Magistrate Judge
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