Hardy v. Tekalu et al, No. 3:2014cv00297 - Document 38 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 6/17/2015. (jsmi, )
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Hardy v. Tekalu et al Doc. 38 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KEYON SANTE HARDY, Plaintiff, v. Civil Action No. 3:14CV297 DR. TEKLU, Defendant. MEMORANDUM OPINION Keyon Sante Hardy, a former Virginia inmate filed this 42 198 3 action. 1 At the time he initiated this action, U.S. C. § Hardy was proceeding pro action. 2 Thereafter, se. Dr. Teklu moved to dismiss Hardy retained counsel who filed a Motion to Amend and a Proposed Amended Complaint. For the reasons that follow, 1 the (ECF No. the Motion to Amend 36, 37-1.) (ECF No. 36) The statute provides, in pertinent part: Every person who, under color of any statute . . . of any State . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . . . 42 u.s.c. § 1983. 2 On December 30, 2014, Hardy moved for leave to amend to correct the spelling of Defendant's name. Hardy's Motion to Amend (ECF No. 26) will be granted and the Clerk is directed to correct the spelling of Dr. Teklu's name on the docket. Dockets.Justia.com will be granted and the Motion to Dismiss (ECF No. 18) will be Hardy's Amended denied. PROCEDURAL HISTORY I. On September Complaint. day, 19, 2014, the Court filed By Memorandum Order entered that same (ECF No. 14.) the Court dismissed Hardy's claims against all defendants except Dr. Teklu. On October 2, 2014, Dr. Teklu filed his Motion to Dismiss. A. Hardy's Pro Se Submissions On December 30, to include 2014, his - medical Hardy moved to supplement the record record and moved for an evidentiary hearing. B. On Hardy's Represented Submission March 25, 2015, counsel moved to amend the complaint, appeared on and submitted a Hardy's behalf, proposed amended complaint. II. Federal Rule of ANALYSIS Civil Procedure 15 (a) provides, pertinent part: (a) Amendments Before Trial. Amending as a Matter 0£ Course. A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service (1) 2 in of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires. (2) Fed. R. Civ. P. Complaint, lS(a). his As Hardy already has filed one Amended motion is governed by Rule lS(a) (2), requires that leave to amend should be freely given. standard, which Under this "leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of amendment would have been futile." 404, 426-27 quotation suggests marks any Accordingly, granted. (4th Cir. 2006) omitted) . of the Hardy's Laber v. (citations Neither above Motion the moving party, Dr. Amend 438 Teklu nor F.3d the record present are (ECF the (internal omitted) circumstances to Harvey, or here. 3 No. 36) will be The Amended Complaint (ECF No. 37-1) will supplant the prior complaints. Dr. Teklu's Motion to Dismiss (ECF No. complaint will be denied without prejudice. need currently exists the Motion an Evidentiary Hearing 3 with an supplement for record for 18) the prior Furthermore, as no evidentiary Hardy's medical (ECF No. hearing records, 28) to Hardy's and Motion to Dr. Teklu does not oppose the Motion to Amend. 3 or Supplement the Record i (ECF No. 27) will be denied without I I prejudice. I I I The Clerk is 1 i send a directed to copy of the Memorandum i Opinion to counsel! of record. I /s/ ft:lf Robert E. Payne Senior United States District Judge Richmond, Virginia Date: t '7< 12.t>t f I 4
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