Opinion

Williams v. Davis

Court
District Court, W.D. Tennessee
Filed
Jul 19, 2022
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

TERRANCE WILLIAMS, )

)

Plaintiff, )

) No. 2:21-cv-02113-JTF-atc

)

v. )

)

DERRIUS DAVIS, ET AL., )

)

Defendants. )

)

ORDER VACATING THE ORDER DATED MARCH 4, 2022 (ECF NO. 13);

GRANTING WILLIAMS’S APPLICATION FOR EXTENSION OF TIME

TO AMEND (ECF NO. 14);

AND ORDERING PLAINTIFF TO SHOW CAUSE WHY DEFENDANT DAVIS

SHOULD NOT BE DISMISSED FROM THE CASE

On February 25, 2021, Plaintiff Terrance Williams, who is incarcerated at the Shelby

County Criminal Justice Center (the “Jail”) in Memphis, Tennessee, filed a pro se complaint

pursuant to 42 U.S.C. § 1983 and a motion for leave to proceed in forma pauperis. (ECF Nos. 1

& 2.) On April 14, 2021, the Court granted leave for Williams to proceed in forma pauperis. (ECF

No. 5.) On April 21, 2021, Williams filed an amended complaint. (ECF No. 6.) On February 9,

2022, the Court: (1) consolidated Williams’s initial complaint (ECF No. 1) and amended complaint

(ECF No. 6) for screening purposes (the “Consolidated Complaint”) under the Prison Litigation

Reform Act, 28 U.S.C. §§ 1915, et seq.; (2) partially dismissed the Consolidated Complaint for

failure to state a claim to relief1; (3) proceeded the Consolidated Complaint’s excessive force claim

1 With respect to the Screening Order’s partial dismissal of the Consolidated Complaint,

the Court dismissed the: (1) claims against Shelby County, (2) claims against Defendants Davis,

Stewart, Munphrey, and Elliott in their official capacities, (3) Eighth Amendment claims against

against Defendants Davis and Stewart in their individual capacities; (4) denied all pending motions

(ECF Nos. 7 & 8); and (5) granted leave to amend within twenty-one days. (ECF No. 11 (the

“Screening Order”).)

Williams’s deadline to amend the Dismissed Claims expired on Wednesday, March 2,

2022. Williams did not file amended claims and did not timely seek an extension of time to do so.

On March 4, 2022, the Court dismissed the Dismissed Claims with prejudice. (ECF No. 13.)

On March 14, 2022, Williams filed a letter that alleges he amended the Dismissed Claims

on February 25, 2022. Williams says that he gave the amendment to one of the Jail’s officers to

mail on February 28, 2022. (ECF No. 14 (the “Letter”) at PageID 120.) Williams says he “had

the notion that the notice ordering me to amend meant within 21 ‘business days.’” (Id.) However,

Williams did not attach to the Letter his alleged amendment of the Dismissed Claims. Instead, he

attached another letter to the Court dated February 12, 2022 (ECF No. 14-1 (the “Exhibit”))

claiming that Williams is “going to amend the complaint to the best of my ability but due to lack

of resources … the amendment might lack the sufficiency needed.” (Id. at PageID 121.) The

alleged amendment of the Dismissed Claims was never filed with the Court in February 2022 or

March of 2022.

On March 15, 2022, summons returned executed as to Defendant Stewart. (ECF No. 15

(the “Stewart Service”).) On March 15, 2022, summons returned unexecuted as to Defendant

Davis. (ECF No. 16 at Page 127 (U.S. Marshal Service Process Receipt indicates: “Returned

unexecuted. Officer is deceased”).

Defendants Munphrey and Elliott in their individual capacities, (4) verbal harassment claims

against all Defendants, and (5) claims for inadequate prison grievance procedure (collectively, the

“Dismissed Claims”)). (ECF No. 11.)

2

On April 5, 2022, counsel for Stewart entered an appearance in the case and filed: (1)

Stewart’s answer to the complaint; and (2) a Suggestion of Death about Defendant Davis. (ECF

Nos. 17 – 19.)

Before the Court are: (1) the Letter (ECF No. 14), which the Court liberally construes as

an application for extension of time to amend; and (2) the Suggestion of Death. (ECF No. 19.)

I. WILLIAMS’S REQUEST FOR EXTENSION OF TIME TO AMEND

The Court liberally construes the Letter as an application seeking an extension of time for

Williams to amend the Dismissed Claims.

Rule 15(a) of the Federal Rules of Civil Procedure allows amended pleadings before trial

on the following conditions:

(1) Amending as a Matter of 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 of a responsive pleading or 21 days

after service of a motion under Rule 12(b), (e), or (f), whichever is

earlier.

(2) 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.

Fed. R. Civ. P. 15(a).

A. Williams May Not Amend As Of Right Under Rule 15(a)(1)

Williams did not file a proposed amended pleading by Tuesday, April 5, 2022, which was

twenty-one days after the Stewart Service. Williams never filed the alleged amendment to which

the Letter and the Exhibit refer. (See ECF No. 14 at PageID 120; ECF No. 14-1 at PageID 121.)

Williams cannot amend as a matter of course under Fed. R. Civ. P. 15(a)(1)(A).

3

The complaint is a pleading to which a responsive pleading is required. See Fed. R. Civ.

P. 12. More than twenty-one days have passed after Stewart answered the complaint on April 5,

2022, see ECF No. 18, and Williams has not amended the Dismissed Claims. Williams cannot

amend as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1)(B).

Because Williams cannot amend his claims as a matter of course under Rule 15(a)(1), he

may amend only with leave of Court pursuant to Rule 15(a)(2).

B. The Court Grants Leave To Amend Under Rule 15(a)(2)

Leave should be granted under Rule 15(a)(2) unless there is “undue delay, bad faith or

dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments

previously allowed, undue prejudice to the opposing party by virtue of allowance of the

amendment, [or] futility of amendment.” Foman v. Davis, 371 U.S. 178, 182 (1962). “A proposed

amendment is futile if the amendment could not withstand a Rule 12(b)(6) motion to dismiss.”

Riverview Health Inst. LLC v. Med. Mut. of Ohio, 601 F.3d 505, 512 (6th Cir. 2010) (citation

omitted); see also Miller v. Calhoun Cnty., 408 F.3d 803, 807 (6th Cir. 2005) (citation omitted).

The Letter does not demonstrate good cause for an extension of time to amend the

Dismissed Claims. In the Exhibit, which Williams dated February 12, 2022 but did not file until

March 14, 2022, Williams wrote: “I am going to amend the complaint to the best of my ability.”

(ECF No. 14-1 at PageID 121.) In the Letter, Williams contends that he “complete[d]” the alleged

amendment on February 25, 2022. (ECF No. 14 at PageID 120.) Williams has never filed an

alleged complaint or a copy of any such pleading. The reasonable inference from the Letter is that,

if Williams had actually prepared an amended complaint, he would have attached it to the Letter.

Instead, Williams attached only a letter that expresses his intent to amend. (ECF No. 14-1.)

Williams has not filed anything in the case after he submitted the Letter.

4

In the Letter, Williams argues that calculation of the Screening Order’s twenty-one (21)

day amendment deadline should have excluded weekends. (ECF No. 14 at PageID 120 (“As in all

business criterion, only business days are accounted for”).) Williams’s argument seems to be an

attempt to deflect attention from his untimeliness and his failure to understand the applicable

procedural rules. Federal Rule of Civil Procedure 6 states, in pertinent part, that when computing

time under the Rules, “every day, including intermediate Saturdays, Sundays, and legal holidays,”

is counted in the deadline computation. Fed. R. Civ. P. 6(a)(1)(B). Pro se litigants are not exempt

from the requirements of the Federal Rules of Civil Procedure. Wells v. Brown, 891 F.2d 591, 594

(6th Cir. 1989). Williams’s failure to timely amend by Wednesday, March 2, 2022 cannot be

excused based on his unfamiliarity with the Federal Rules of Civil Procedure and the Local Rules

of this Court. The Court’s website expressly notifies all pro se litigants: “The fact that you have

chosen self-representation does not excuse you from complying with the Federal Rules of Civil

Procedure … which are found in Title 28 of the United States Code, or this district’s Local Rules.”

(See https://www.tnwd.uscourts.gov/pdf/content/ProSeGuide.pdf.) Williams incorrectly suggests

that the Screening Order’s amendment deadline is somehow improper because “the Order didn’t

specifically say business days or not.” (ECF No. 14 at PageID 120.) As noted above, it is each

pro se litigant’s duty to familiarize himself with the applicable procedural rules.

For these reasons, there is adequate basis in the record to deny the Letter.

Nevertheless, because Williams is proceeding pro se, the Court GRANTS leave to amend

the Dismissed Claims within FOURTEEN (14) DAYS of the date of this Order. If Williams

wishes to amend the Dismissed Claims, he shall comply with the Screening Order’s conditions of

amendment. (See ECF No. 11 at PageID 112.) If Williams fails to amend the Dismissed Claims

in a timely manner, the Court will dismiss the Dismissed Claims with prejudice.

5

II. SUGGESTION OF DEATH BY DEFENDANT STEWART

On March 15, 2022, the USMS process server who attempted to serve Officer Davis wrote

in the process receipt: “Officer is deceased.” (ECF No. 16 at Page 127.) On April 5, 2022,

Stewart’s counsel “formally suggest[ed] the death of Defendant Derrius Davis on or about January

3, 2021 in Shelby County, Tennessee.” (ECF No. 19.)

More than 120 days have passed since the summons was issued for Davis on February 9,

2022. (ECF No. 12.) Never having been served with the complaint, Davis is not a party in the

case. See Fed. R. Civ. P. 4(m).

Based on the USMS process receipt (ECF No. 16), defense counsel’s Suggestion of Death

about Davis (ECF No. 19), and expiration of Rule 4(m)’s 120-day service period, Williams is

ORDERED, within FOURTEEN (14) DAYS of the date of entry of this Order, to show cause why

Davis should remain a named-Defendant in the case. If Williams fails to timely show cause and

to provide an updated address for Officer Davis, the Court will dismiss with prejudice all claims

against Davis in this case and will remove Officer Davis as a named-Defendant pursuant to Rule

4(m).

III. CONCLUSION

For the reasons stated above:

A. The March 4, 2022 Order Dismissing With Prejudice The Consolidated

Complaint’s Claims That Were Dismissed Without Prejudice In The Screening Order (ECF No.

13) is VACATED;

B. The Letter (ECF No. 14) is GRANTED for the limited purpose of allowing

Williams to amend the Dismissed Claims within FOURTEEN (14) DAYS of the date of this Order

and in accordance with the conditions explained above; and

6

C. Williams is ORDERED, within FOURTEEN (14) DAYS of the date of entry of

this Order, to SHOW CAUSE, in accordance with the conditions explained above, why Davis

should remain a named-Defendant in the case.

SO ORDERED, this 19th day of July, 2022.

s/John T. Fowlkes, Jr.

JOHN T. FOWLKES, JR.

UNITED STATES DISTRICT JUDGE

7

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.