Gabe v. Walker et al

Filing 28

ORDER denying 19 MOTION to Amend/Correct 1 Complaint filed by Michael A Gabe. Signed by Magistrate Judge Shiva V Hodges on 8/19/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Michael A. Gabe,
Plaintiff,
vs.
Sheriff Andy Strickland; Captain Jodie
Taylor; and Colleton County Sheriff’s
Office,
Defendants.

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C/A No.: 1:15-1239-PMD-SVH

ORDER

Michael A. Gabe (“Plaintiff”), proceeding pro se and in forma pauperis, is a pretrial detainee incarcerated at Colleton County Detention Center in South Carolina. He
filed this action pursuant to 42 U.S.C. § 1983 against Colleton County Sheriff Andy
Strickland

(“Strickland”)

and

Captain

Jodie

Taylor

(“Taylor”)

(collectively

“Defendants”). This matter comes before the court on Plaintiff’s motion to amend the
complaint. [ECF No. 19]. Plaintiff’s motion does not provide a reason that he seeks to
amend his complaint and he failed to attach a proposed amended complaint.
“[L]eave [to amend] shall be freely given when justice so requires.” Fed. R. Civ.
P. 15(a). “A motion to amend should be denied only when the amendment would be
prejudicial to the opposing party, there has been bad faith on the part of the moving party,
or the amendment would be futile.” HCMF Corp. v. Allen, 238 F.3d 273, 276 (4th Cir.
2001) (internal quotation marks omitted). Plaintiff has failed to provide a basis for
amendment and the undersigned cannot evaluate whether the amendment would be
prejudicial, futile, or is in bad faith. Therefore, the undersigned denies Plaintiff’s motion

to amend [ECF No. 19].
IT IS SO ORDERED.

August 19, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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