Tavern Downing, Sr., et al. v. Anita Howard, et al.

CourtDistrict Court, M.D. Georgia
DecidedNovember 20, 2025
Docket5:25-cv-00277
StatusUnknown

This text of Tavern Downing, Sr., et al. v. Anita Howard, et al. (Tavern Downing, Sr., et al. v. Anita Howard, et al.) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tavern Downing, Sr., et al. v. Anita Howard, et al., (M.D. Ga. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION TAVERN DOWNING, SR., et al., Plaintiffs, CIVIL ACTION NO. v. 5:25-cv-00277-TES ANITA HOWARD, et al., Defendants.

ORDER DENYING PLAINTIFF’S MOTION TO AMEND

Pro se Plaintiff Tavern Downing, Sr., has filed a Motion to Amend [Doc. 20] the operative pleading in this case, which, if granted, would be his fourth attempt to get his cast of defendants and his claims against those defendants where he wants them. See, e.g., [Doc. 1]; [Doc. 9]; [Doc. 15]. To be frank, Plaintiff has not withheld the slightest effort to avoid making this case a complete mess with his trial-and-error pleading practices to figure out how he needs to assert his claims. For the reasons discussed below, however, namely the futility of Plaintiff’s Proposed Second Amended Complaint [Doc. 20-1], the Court DENIES his Motion to Amend. A. Procedural History When Plaintiff first initiated this lawsuit, he sued the Bibb County District Attorney, Anita Howard; Tony May; Paige Miller; Vanessa Flournoy; Robert Collins, III; Deborah Stratham; and John Doe. [Doc. 1, p. 2]. Although each of these individuals are in some way, shape, or form local government employees, Plaintiff wasn’t at all clear in what capacity (official, individual, or both) he wanted to sue them. [Id. at pp. 1–2]. By

and large, Plaintiff’s two-page Complaint [Doc. 1] was far from a model of clarity, but Howard, May, and Flournoy (hereinafter “Movant Defendants”) nevertheless quickly sought dismissal of Plaintiff’s claims against them following service. See [Doc. 4], in

connection with [Doc. 10]; [Doc. 10-1]; [Doc. 10-2]. Right now, the underlying facts aren’t all that relevant as they’ll be discussed in some detail below, but as a quick refresher, Plaintiff filed this lawsuit to recover 600

bitcoins—about $57,000,000 in today’s market—allegedly “taken without his consent.” [Doc. 1, p. 1]. After a superior court judge dismissed a criminal case being prosecuted against Plaintiff by the Bibb County District Attorney, the digital wallet1 related to the bitcoins was allegedly missing from Plaintiff’s seized computer when authorities

returned it to him. [Id.]. Plaintiff sued under 42 U.S.C. § 1983 alleging violations of his Fifth, Eighth, and Fourteenth Amendment rights secured by the United States Constitution as well as state-law tort claims for theft by conversion under O.C.G.A. §§

1 The Court is by no means a cryptocurrency expert. In fact, it knows very little about it. To start, bitcoins aren’t physical coins, they’re digital currency that utilize blockchain technology. What’s the blockchain? That is a decentralized, distributed ledger that records transactions over a peer-to-peer network in a secure and transparent way. See Kleiman v. Wright, No. 18-CV-80176-BLOOM/Reinhart, 2018 WL 6812914, at *1 (S.D. Fla. Dec. 27, 2028). The blockchain bundles several verified transactions into blocks and connects them to earlier blocks through cryptography. See id. That way, everyone sees every transaction related to the blockchain. See id. (“Bitcoin is a decentralized digital currency that uses a ledger to track the ownership and transfer of every bitcoin in existence”). The digital wallet is a separate physical device (think flash drive or something similar) that holds a user’s password keys to the blockchain offline so that the keys are protected from malware or unauthorized access. See id. So, it appears that Plaintiff is alleging someone took his digital wallet holding his keys to the blockchain and access to his supposed $57,000,000. 16-8-4(a) and 51-10-1. [Id. at pp. 1–2]. With the “course of proceedings”—that is, the apparent nature of Plaintiff’s

claims and the substance of the arguments exchanged between Plaintiff and the Movant Defendants regarding their Motion to Dismiss [Doc. 4]—taking an official-capacity track, the Court considered Plaintiff’s federal claims against the Movant Defendants

through an official-capacity lens. See Jackson v. Ga. Dep’t of Transp., 16 F.3d 1573, 1575 (11th Cir. 1994) (“When it is not clear in which capacity the defendants are sued, the course of proceedings typically indicates the nature of the liability sought to be

imposed.”); see also Hafer v. Melo, 502 U.S. 21, 24 n.* (1991) (reiterating the “obvious[] prefer[ence] for [a] plaintiff to be specific in the first instance to avoid any ambiguity” in pleadings); see also [Doc. 13, pp. 10–11]. That analysis led to without-prejudice dismissals of the federal claims as well as the claims for theft by conversion Plaintiff

asserted against the Movant Defendants. See [Doc. 13, pp. 8–15]. As of that ruling, the Movant Defendants were no longer parties in this case, and when it came to Miller, Collins, Stratham, and Doe (hereinafter “Unserved Defendants”), the Court made sure

to note that there was nothing on the record indicating they had been properly served. See [id. at p. 15]; see [Doc. 11, p. 1 (noting Proof of Service returned “unexecuted” for Miller)]. Mindful of his 90-day service deadline proscribed by Federal Rule of Civil

Procedure 4(m), Plaintiff filed a Motion for Extension of Time [Doc. 14] seeking to push the deadline by which he must serve the Unserved Defendants. The Court granted Plaintiff’s requested 60-day extension, but since his First Amended Complaint [Doc. 15]

made no mention of or any allegations against Collins, the Court dropped him as a party to this case pursuant to Federal Rule of Civil Procedure 21. [Doc. 17, p. 1 n.1]; see generally [Doc. 15]. With Plaintiff filing his Complaint on June 30, 2025, the 60-day

extension of time brings his service deadline to December 1, 2025. [Doc. 17, p. 2]; see Circuitronix, LLC v. Kinwong Elec. (Hong Kong) Co., 993 F.3d 1299, 1304 (11th Cir. 2021). Now, in Plaintiff’s latest effort to amend the operative pleading, not only does

he—for the first time—attempt to add Bibb County as a defendant, but he’s reasserting “adjusted” claims against the previously dismissed Movant Defendants and essentially recasting his allegations against the Unserved Defendants, except for Collins. Like before, there’s no mention of Collins in Plaintiff’s latest effort to amend. See generally

[Doc. 15]; [Doc. 20-1]. Put simply, in his Proposed Second Amended Complaint, Plaintiff names Bibb County, Howard, May, Flournoy, Miller, Stratham, and Doe as defendants. Let’s take each of these in stride, starting first with the Federal Rule of Civil

Procedure that governs amendments to a pleading before trial. B. Legal Standard Under Federal Rule of Civil Procedure 15(a)(1), a plaintiff may amend his complaint once as a matter of course within 21 days after serving it, or within 21 days

after service of a motion under Federal Rule of Civil Procedure 12(b). Since neither of those doors are available for Plaintiff right now, he must—as he has done—seek leave of court to amend. Fed. R. Civ. P. 15(a)(2). Prompted by the very text of Rule 15(a)(2),

the Court recognizes that this leave should be freely given but only—“when justice so requires.” Id. That said, district courts may deny a motion to amend for numerous reasons,

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