Opinion
CIVIL NO. 5:12-CV-464-MTT-MSH
12-14-2012
DANIEL ERIC COBBLE, Plaintiff v. SHEVONDAH FIELDS, Defendants
ORDER
Plaintiff DANIEL ERIC COBBLE, a prisoner at Baldwin State Prison in Hardwick, Georgia, filed a pro se civil rights complaint under 42 U.S.C. '1983. After conducting a preliminary view of his Complaint, this Court found that Plaintiff could not proceed in forma pauperis in the instant case, as three or more of Plaintiff's prior cases were dismissed and count as "strikes" under 28 U.S.C. §1915(g). Plaintiff's Complaint was then dismissed without prejudice. See Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002). The final judgment was entered on December 6, 2012.
Plaintiff has since filed a lengthy amended complaint in this case. While it is true that Federal Rule of Civil Procedure 15(a)(1) provides that a party may amend his pleading once as a matter of course, "Rule 15 has no application . . . once the district court has dismissed the complaint and entered final judgment for the defendant." Lee v. Alachua County, FL, 461 F. App'x 859, 860 (11th Cir. 2012) (quoting Jacobs v. Tempur-Pedic Int'l, Inc., 626 F.3d 1327, 1344-45 (11th Cir. 2010); see also Palmer v. Champion Mortg., 465 F.3d 24, 30 (1st Cir. 2006) (post-judgment requests for leave to amend a pleading, "whatever their merit, cannot be allowed . . ."). "[T]o hold otherwise would enable the liberal amendment policy of Rule 15(a) to be employed in a way that is contrary to the philosophy favoring finality of judgments and the expeditious termination of litigation." Williams v. Citigroup Inc., 659 F.3d 208, 213 (2d Cir. 2011).
Plaintiff's Amended Complaint (ECF No. 12) is accordingly DISMISSED.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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