Ewell v. Montgomery County Commons Pleas Court

Filing 10

ENTRY AND ORDER GRANTING EWELLS MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (Doc. 9 ); FINDING MONTGOMERY COUNTY COMMON PLEAS COURTS MOTION TO DISMISS (Doc. [ 8]) MOOT AND GIVING EWELL UNTIL NOT LATER THAT FIFTEEN DAYS FOLLOWING ENTRY OF THIS ORDER TO FILE AND PROPERLY SERVE HIS PROPOSED AMENDED COMPLAINT. Signed by Judge Thomas M Rose on 3/11/14. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHARLES H. EWELL,
Case No. 3:13-cv-214
Plaintiff,
Judge Thomas M. Rose
-vMONTGOMERY COUNTY COMMON
PLEAS COURT,
Defendant.
______________________________________________________________________________
ENTRY AND ORDER GRANTING EWELL’S MOTION FOR LEAVE TO
FILE AN AMENDED COMPLAINT (Doc. #9); FINDING MONTGOMERY
COUNTY COMMON PLEAS COURT’S MOTION TO DISMISS (Doc. # 8)
MOOT AND GIVING EWELL UNTIL NOT LATER THAT FIFTEEN
DAYS FOLLOWING ENTRY OF THIS ORDER TO FILE AND
PROPERLY SERVE HIS PROPOSED AMENDED COMPLAINT
______________________________________________________________________________
Charles H. Ewell (“Ewell”) filed his initial Complaint against the Montgomery County
Common Pleas Court on June 28, 2013. (Doc. #1.) On February 6, 2014, the Montgomery
County Common Pleas Court sought dismissal of Ewell’s initial Complaint because the
Montgomery County Common Pleas Court is not sui juris. (Doc. #8.) On February 13, 2014,
Ewell sought to amend his Complaint by naming Montgomery County, Ohio as the Defendant
instead of the Montgomery County Common Pleas Court. (Doc. #9.) The time has run and there
have been no responses filed to either Montgomery County Common Pleas Court’s Motion To
Dismiss or to Ewell’s Motion for Leave To File Amended Complaint. Both are, therefore, ripe
for decision.
Leave to file an amended complaint is to be freely given when justice so requires. Fed. R.
Civ. P. 15(a)(2). In this case, there is no good reason for not permitting Ewell to amend his

Complaint at this stage of the proceedings and amendment is not opposed. Therefore, Ewell’s
Motion for Leave To File Amended Complaint (doc. #9) is granted. Ewell has until not later than
fifteen (15) days following entry of this order to file and properly serve the proposed amended
complaint that is attached to his Motion. Finally, because the proposed amended complaint no
longer names the Montgomery Count Common Pleas Court as the Defendant, the Montgomery
County Common Pleas Court’s Motion To Dismiss (doc. #8) is moot.
DONE and ORDERED in Dayton, Ohio this Eleventh Day of March, 2014.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT
JUDGE
Copies furnished to:
Counsel of Record