Pitts v. John Does

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CORA LEE PITTS PLAINTIFF v. No. 5:22-CV-05014 JOHN DOES 1 & 2, Prairie Grove Police Department and CHIEF OF POLICE JOHN DOE, Prairie Grove Police Department DEFENDANT OPINION AND ORDER The Court has received a report and recommendation (Doc. 8) from United States Magistrate Judge Christy Comstock, dated February 14, 2022. The Magistrate Judge recommends the Court dismiss Plaintiff’s Amended Complaint (Doc. 6) with prejudice pursuant to 28 U.S.C. § 1915A because the claims are frivolous and fail to state claims upon which relief can be granted.

On February 25, 2022, Plaintiff filed an objection (Doc. 9) to the report and recommendation and requested leave to file a second amended complaint.

Pursuant to Federal Rule of Civil Procedure 15, a party may amend a pleading once as a matter of course, and thereafter may only amend with the opposing party’s written consent or leave of court. “The court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2).

“Unless there is a good reason for denial, such as undue delay, bad faith, or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the non-moving party, or futility of the amendment, leave to amend should be granted.” Bediako v. Stein Mart, Inc., 354 F.3d 835, 840 (8th Cir. 2004) (quoting Becker v. Univ. of Neb. at Omaha, 191 F.3d 904, 907–908 (8th Cir. 1999)).

The Magistrate Judge’s reasoning is convincing. However, the Court will grant Plaintiff leave to file a second amended complaint in an attempt to cure the deficiencies detailed in the Magistrate Judge’s report and recommendation. Plaintiff will have 20 days from the date of this order to file her second amended complaint or this case will be dismissed with prejudice as recommended by the Magistrate Judge.

IT IS THEREFORE ORDERED that Plaintiff is directed to file a second amended complaint within 20 days of entry of this order. If Plaintiff fails to file the second amended complaint, this case will be dismissed with prejudice as recommended by the Magistrate Judge.

IT IS SO ORDERED this 4th day of March, 2022. /s/P. K. Holmes, P.K. HOLMES, III U.S. DISTRICT JUDGE