ADEFUMI v. LIM

Filing 35

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 11/6/17. 11/7/17 ENTERED AND COPIES EMAILED. *COPY OF MEMORANDUM AND ORDER MAILED TO PRO SE PLAINTIFF PER CHAMBERS*(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OLANIYAN ADEFUMI

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v.
DR. SHARON LIM

CIVIL ACTION

No. 15-1101

MEMORANDUM AND ORDER
J. WILLIAM DITTER, JR.

November 6, 2017

Before me is Plaintiff’s pro se motion to amend his First Amended Complaint to
add two defendants, Mr. Semenetz and Mr. Wilkerson. Because the amendment is futile,
Plaintiff’s motion will be denied.
Federal Rule of Civil Procedure Rule 15(a) provides that leave to amend a
pleading “shall be freely given when justice so requires.” 1 See Foman v. Petitioner, 371
U.S. 178, 182 (1962). Such leave should be denied only in limited circumstances, as for
example, where amendment is sought in bad faith, where it would unduly prejudice the
opposing party or where the amendment would be futile. As ground for denial of leave to
amend, “futility” means that the petition, as amended, would fail to state claim upon
which relief could be granted.
In the instant case, Plaintiff fails to assert a claim of any wrongdoing by Mr.
Semenetz or Mr. Wilkerson, the two new defendants he seeks to include in his complaint.
1

Rule 15(a) also provides that a party may amend his pleading once as a matter of course
at any time before a responsive pleading is filed. Id.; Fed.R.Civ.P. 15(a). Because this motion to
amend has been received subsequent to receipt of the responsive pleading in this matter, I could
not grant Plaintiff’s motion to amend on that basis.

As a result, Plaintiff’s motion to amend will be denied as futile.2
An appropriate order follows.

2

I also note that, once again, Plaintiff has ignored my specific instructions and has failed
to comply with Federal Rule of Civil Procedure 10(b) requiring a party to “state its claims or
defenses in numbered paragraphs, each limited as far as practicable to a single set of
circumstances.” Fed. R. Civ. P. 10(b).
2