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Young v. Lacy

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD
Aug 17, 2020
CIVIL ACTION NO. 1:17-03633 (S.D.W. Va. Aug. 17, 2020)

Opinion

CIVIL ACTION NO. 1:17-03633 CIVIL ACTION NO. 1:19-00186

08-17-2020

LARRY ARNOLD YOUNG, Plaintiff, v. T.A. LACY, Defendant. LARRY ARNOLD YOUNG, Plaintiff, v. T.A. LACY, and STEVEN A. SOMMERS, Defendants.


MEMORANDUM OPINION AND ORDER

Pending before the court is plaintiff's motion to amend and supplement his Complaint in Case No. 1:19-cv-00186. (ECF No. 129.) On July 24, 2020, this court entered a Memorandum Opinion and Order dismissing with prejudice plaintiff's Complaint in Case No. 1:19-cv-00186. (ECF No. 138.) The court has reviewed plaintiff's motion and what he intends to amend and supplement, and finds it to relate only to claims which have been dismissed with prejudice. Allowing such amendment would be futile. Plaintiff's motion, (ECF No. 129), is therefore DENIED. See, e.g., Blanchard v. JP Morgan Chase Bank, 2012 WL 5198468, at *5 (D. Nev. Oct. 18, 2012) (finding amendment futile because "[t]he court has already dismissed with prejudice [the claims] plaintiff seeks to re-allege"); In re Ford Motor Co. Speed Control Deactivation Switch Prod. Liab. Litig., No. 05-74531, 2008 WL 11366286, at *2 (E.D. Mich. Mar. 24, 2008) ("The Court will not permit amendment to revive claims already dismissed with prejudice.").

The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties.

IT IS SO ORDERED this 17th day of August, 2020.

ENTER:

/s/_________

David A. Faber

Senior United States District Judge


Summaries of

Young v. Lacy

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD
Aug 17, 2020
CIVIL ACTION NO. 1:17-03633 (S.D.W. Va. Aug. 17, 2020)
Case details for

Young v. Lacy

Case Details

Full title:LARRY ARNOLD YOUNG, Plaintiff, v. T.A. LACY, Defendant. LARRY ARNOLD…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD

Date published: Aug 17, 2020

Citations

CIVIL ACTION NO. 1:17-03633 (S.D.W. Va. Aug. 17, 2020)