Madrigal v. Currie et al

Filing 13

ORDER granting 12 Motion for Leave to File. Plaintiff shall file an amended complaint no later than December 6, 2013. To the extent the Motion seeks the appointment of counsel, the Court has recently entered an order denying this request and for the same reasons, denies the pending request to appoint counsel without prejudice. (DE 10).(Signed by Magistrate Judge Jason B. Libby) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MIGUEL ANGEL MADRIGAL,
Plaintiff,
VS.
GARY CURRIE, et al,
Defendants.

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§ CIVIL ACTION NO. 2:13-CV-321
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ORDER

Pending before the Court is Plaintiff’s Motion for Leave to File Amended
Complaint. (DE 12). For the reasons stated below, this Motion is GRANTED.
Rule 15(a) of the Federal Rules of Civil Procedure provides that, within specified
time limits, a party may amend his pleading once as a matter of course. Otherwise, a
party may amend its pleadings “by leave of court or by written consent of the adverse
party; and leave shall be freely given when justice so requires.” Fed. R. Civ. P. 15(a).
Determining when “justice so requires” rests within sound discretion of the district court,
which should err on the side of allowing amendment although it should not be granted
automatically. State of Louisiana. v. Litton Mortg. Co., 50 F.3d 1298, 1303 (5th Cir.
1995); See also Chitimacha Tribe of Louisiana v. Harry L. Laws Co. Inc. 690 F.2d 1157,
1163 (5th Cir. 1982). In exercising its discretion, a court may consider such factors as (1)
undue delay; (2) bad faith or dilatory motive on the part of the movant; (3) repeated
failure to cure deficiencies by amendments previously allowed; (4) futility of
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amendment; and (5) undue prejudice to the opposing party by virtue of allowance of the
amendment. Id.
Therefore, after consideration of the Motion, and for good cause, the Court hereby
finds leave to amend should be given and this Motion is GRANTED. Plaintiff shall file
an amended complaint no later than December 6, 2013. To the extent the Motion seeks
the appointment of counsel, the Court has recently entered an order denying this request
and for the same reasons, denies the pending request to appoint counsel without
prejudice. (DE 10).

ORDERED this 14th day of November, 2013.

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Jason B. Libby
United States Magistrate Judge

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