Barber v. Mahoning County Justice Center

CourtDistrict Court, N.D. Ohio
DecidedApril 16, 2024
Docket4:23-cv-00931
StatusUnknown

This text of Barber v. Mahoning County Justice Center (Barber v. Mahoning County Justice Center) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barber v. Mahoning County Justice Center, (N.D. Ohio 2024).

Opinion

PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

VINCENT BARBER, ) ) CASE NO. 4:23-CV-931 Plaintiff, ) ) v. ) JUDGE BENITA Y. PEARSON ) MAHONING COUNTY JUSTICE ) CENTER, et al., ) ) MEMORANDUM OPINION AND ) ORDER Defendants. ) [Resolving ECF Nos. 22, 29] )

Pending before the Court are Defendants’ Motion for judgment on the pleadings (ECF No. 22) and Motion to strike Plaintiff’s Second Amended Complaint (ECF No. 29). Plaintiff has objected to the motion to strike (ECF No. 30), and asked the Court to note his objection to the motion for judgment on the pleadings (ECF No. 28). Having considered the parties’ filings, relevant case law, and been advised, the Court grants both motions.1 I. Background Pro se Plaintiff Vincent Barber, an inmate previously incarcerated at the Mahoning County Justice Center (“MCJC”),2 filed an Amended Complaint against Mahoning County; MCJC; the Mahoning County Sheriff, Jerry Greene; Mahoning County Commissioners (D.

1 At ECF No. 28, Plaintiff appears to request more time to respond to Defendants’ motion for judgment on the pleadings. His objection to the motion to strike was filed subsequently. As indicated herein, more time will not cure the frailties of Plaintiff’s action. 2 Plaintiff has been sentenced and is now being housed at FCI Loretto with an October 2030 expected release date. See BOP Inmate Locator, https://www.bop.gov/inmateloc/ (last visited April 4, 2024). Ditzler, A. Traffitanti, and C. Rimedio); Sgt. McCullough, Sgt. Graham, and Sgt. Wallace.3 ECF No. 11.4 Plaintiff alleges poor conditions at MCJC. Plaintiff alleges staff shortages, and that he has been denied the use of a law library and access to the courts. ECF No. 11 at PageID #: 88– 89. He claims that the meals lack fish and fruit. ECF No. 11 at PageID #: 91. He also states that inspections of MCJC are done fraudulently. ECF No. 11 at PageID #: 92–93. He asserts that his legal mail is opened. ECF No. 11 at PageID #: 94. He alleges the indoor temperature is kept at 47 degrees year-round, violating Ohio Admin. Code 5120:1-8-4(D). ECF No. 11 at PageID #: 95. Plaintiff also alleges that MCJC engages in behavior previously addressed in Roberts et al. v. County of Mahoning, Ohio, A Local Government Entity et al. (Dowd, J.).5 ECF No. 11 at

PageID #: 91.

3 Plaintiff’s original Complaint named the same Defendants but did not identify Jerry Greene as Sheriff or the individual County Commissioners. ECF No. 1-1 at PageID #: 12–13. Plaintiff’s Second Amended Complaint named only MCJC, Sgt. Graham, Sgt. McCullough, and Sheriff Jerry Greene as Defendants. ECF No. 25 at PageID #: 179–80. 4 Plaintiff’s Amended Complaint supersedes his original Complaint. See Kellom v. Quinn, 86 F.4th 288, 292 (6th Cir. 2023) (“An amended complaint ‘supersedes an earlier complaint for all purposes.”) (citing Calhon v. Bergh, 769 F.3d 409, 410 (6th Cir. 2014). For the reasons below, Plaintiff’s Second Amended Complaint does not supersede his first Amended Complaint. 5 This reference appears to be to a Consent Judgment Entry filed in Roberts et al. v. County of Mahoning, Ohio, A Local Government Entity et al, Case No. 4:03-cv-2329 (N.D. Ohio, filed Nov. 14, 2003) (Dowd, J.), a civil rights action filed by eight detainees located in Mahoning County Jail. On May 17, 2007, a three-judge panel entered a Consent Judgment Entry “with a stipulated population order and retained jurisdiction over the Consent Entry for three years.” Id. at ECF No. 292 at PageID#: 4659 (referencing ECF No. 266) (Batchelder, Dowd, Polster). The Panel’s jurisdiction expired on May 17, 2010 by the terms of the Consent Entry. Id. at ECF No. 292. A stipulated motion to extend the Consent Entry was denied on May 18, 2010. Id. at ECF No. 292 at PageID#: 4660. 2 On January 24, 2024, the Court held a Case Management Conference (“CMC”) with the parties and issued a Case Management Plan/Order (ECF No. 21). At the CMC, the Court discussed the motions that had been recently resolved, the proposed discovery plan, and the Court’s concern that the Amended Complaint did not allege plausible causes of action. Minutes of proceedings, 01/24/2024. On February 9, 2024, Defendants filed the instant motion for judgment on the pleadings, targeted at dismissing the first Amended Complaint. ECF No. 22. Almost one month later, Plaintiff filed an “Amended Complaint.” ECF No. 25. This “Amended Complaint” is Plaintiff’s Second Amended Complaint. Plaintiff also filed a Notice informing the Court that he received a copy of Defendants’ motion, on March 4, 2024, and stated that he needed additional time to respond to Defendants’ motion. ECF No. 28. Defendants filed a

Motion to strike Plaintiff’s Second Amended Complaint (ECF No. 29), and Plaintiff filed an Objection to the motion (ECF No. 30). The Court construes Plaintiff’s objection as his response to the motion. Defendants filed a reply to the motion to strike (ECF No. 33). II. Motion to Strike Defendants argue that Plaintiff’s Second Amended Complaint should be stricken because Plaintiff failed to comply with the requirements of Fed. R. Civ. P. 15(a) and the CMC Order. ECF No. 29 at PageID #: 220. Defendants also argue that allowing Plaintiff to file his Second Amended Complaint would be futile. ECF No. 29 at PageID #: 220. Plaintiff contends that he was following the directions included in the CMC Order. ECF No. 30 at PageID #: 229. He states “leave to amend was written into the CMC[] Order, as far as Plaintiff construes.” ECF No.

30 at PageID #: 230.

3 The CMC Order set a cutoff of March 10, 2024 for parties to amend pleadings and add parties. The CMC Order stated that the cutoff is “a time limitation -- not a blanket leave.” ECF No. 21 at ¶ 15 (emphasis added). The Order directs parties to comply with Fed. R. Civ. P. 15(a) when amending a pleading or adding parties. ECF No. 21 at ¶ 15. Fed. R. Civ. P. 15(a)(2) states “a party may amend its pleading only with the opposing party’s written consent or the court’s leave.” The CMC Order explicitly states that “[a]bsent written consent of the adverse party, the party seeking to amend must at least alert the Court and the adverse party to the substance of the proposed amendment by filing a Motion for Leave with an accompanying memorandum of law addressing the requirements of Rule 15(a).” ECF No. 21 at ¶ 15 (emphasis added). Despite the Court’s clear instructions to file a Motion for Leave in compliance with

Federal Rule of Civil Procedure 15, Plaintiff ostensibly believed that he could file a Second Amended Complaint without leave. He was mistaken and provides no legitimate justification for his belief. Although Plaintiff is pro se, “the lenient treatment generally accorded pro se litigants has limits.” Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996) (citing Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991)). Plaintiff must comply with the Court’s explicit order to file a Motion for Leave to Amend in accordance with Fed. R. Civ. P. 15. Accordingly, the Court finds that Plaintiff’s Second Amended Complaint fails to comport with the requirements of Fed. R. Civ. P. 15

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Barber v. Mahoning County Justice Center, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barber-v-mahoning-county-justice-center-ohnd-2024.