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Ewell v. Montgomery Cnty. Common Pleas Court

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Mar 11, 2014
Case No. 3:13-cv-214 (S.D. Ohio Mar. 11, 2014)

Opinion

Case No. 3:13-cv-214

03-11-2014

CHARLES H. EWELL, Plaintiff, v. MONTGOMERY COUNTY COMMON PLEAS COURT, Defendant.


Judge Thomas M. Rose


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.

__________

THOMAS M. ROSE

UNITED STATES DISTRICT
JUDGE Copies furnished to: Counsel of Record


Summaries of

Ewell v. Montgomery Cnty. Common Pleas Court

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Mar 11, 2014
Case No. 3:13-cv-214 (S.D. Ohio Mar. 11, 2014)
Case details for

Ewell v. Montgomery Cnty. Common Pleas Court

Case Details

Full title:CHARLES H. EWELL, Plaintiff, v. MONTGOMERY COUNTY COMMON PLEAS COURT…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: Mar 11, 2014

Citations

Case No. 3:13-cv-214 (S.D. Ohio Mar. 11, 2014)