Opinion
Case No. 5:10-cv-201-DPM-BD.
September 29, 2010
ORDER
The Court has considered Magistrate Judge Beth Deere's Partial Recommended Disposition — to which Ishmael Obama objected, Document No. 40. After conducting a de novo review, the Court adopts Magistrate Judge Deere's proposed recommended disposition, Document No. 31, as its own. FED. R. CIV. P. 72(b)(3). Based on the record as a whole, the Court agrees that permitting Obama to file an amended complaint adding excessive-force claims against Officers Mankin and Meadows would be futile.
The Court notes that Obama's disciplinary papers and objections suggest that he is actually attempting to include Officers Mankin and Meadows as witnesses rather than defendants. In particular, he states that he wishes to add the officers "as Plaintiff's witnesses on the grounds that it [is] permissible because these [two] witnesses have firsthand knowledge of the incident in its entirety. (So I object to the dismissal.)" Document No. 40, at 1. But Obama need not add Officers Mankin and Meadows as defendants for them to be witnesses. Obama's motion for leave to amend, Document No. 28, is denied.
So Ordered.