# Diamond v. Mobile Housing Board

> District Court, S.D. Alabama · March 27, 2020

URL: https://www.frixlaw.com/law-library/cases/9992401

## Case

- **Court:** District Court, S.D. Alabama
- **Decided:** March 27, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9992401

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9992401. Public record. Not legal advice.