Opinion

Diamond v. Mobile Housing Board

Court
District Court, S.D. Alabama
Filed
Mar 27, 2020
Cited by
0 cases
Authority
More cited than 16.6%

finding that a district court must grant a plaintiff at least one opportunity to amend his complaint before dismissal, even if the plaintiff never seeks leave to amend, if it appears that the filing of an amended complaint might cure noted deficiencies

How later courts described this case

  • finding that a district court must grant a plaintiff at least one opportunity to amend his complaint before dismissal, even if the plaintiff never seeks leave to amend, if it appears that the filing of an amended complaint might cure noted deficiencies

Written by the judges who cited it.

The opinion

FOR THE SOSUOTUHTEHRENR DNI DSTIVRIISCITO NO F ALABAMA

COREY L. DIAMOND, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION 20-0078-CG-MU

)

MOBILE HOUSING BOARD, )

)

Defendant. )

JUDGMENT

In accordance with the order entered on this date, it is hereby ORDERED,

ADJUDGED, and DECREED that this action be DISMISSED WITHOUT

PREJUDICE, prior to service of process, because Diamond has failed to state a §

1983 claim against the Mobile Housing Board, see 28 U.S.C. § 1915(e)(2)(B)(ii). It is

further ORDERED that Plaintiff is extended leave to file an amended complaint by

not later than April 10, 2020, see Butler v. Morgan, 562 Fed.Appx. 832, 835 (11th

Cir. Apr. 3, 2014) (finding that a district court must grant a plaintiff at least one

opportunity to amend his complaint before dismissal, even if the plaintiff never

seeks leave to amend, if it appears that the filing of an amended complaint might

cure noted deficiencies); however, Plaintiff is specifically cautioned that he must

supply additional information to satisfy this Court that he has a plausible claim for

relief against the Mobile Housing Authority.

DONE and ORDERED this 27th day of March, 2020.

/s/ Callie V. S. Granade

SENIOR UNITED STATES DISTRICT JUDGE

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.