Le-Lon Campbell v. Butler County Jail, et al.

Summary

The court addresses Plaintiff Le-Lon Campbell’s letter, construed as a motion for reconsideration of a pending recommendation concerning amendment of his complaint. The magistrate judge recommends denying reconsideration and the motion to amend, while ordering Campbell to submit completed summons and U.S. Marshal forms for Sheriff Richard K. Jones within thirty days or face a recommendation of dismissal for want of prosecution.

Holdings

1. The motion to reconsider should be denied.
2. The motion to amend was moot to the extent Campbell sought to dismiss the United States Marshal Service because the District Judge had already dismissed that defendant.
3. Campbell's proposed addition of legal argument and case citations to the complaint was improper.
4. Immediate substitution of Butler County for Sheriff Jones was not necessary because the official-capacity claim against Sheriff Jones is treated as a claim against Butler County.
5. Campbell was ordered to submit completed summons and U.S. Marshal forms for Sheriff Jones within thirty days, and failure to do so would support a recommendation of dismissal for want of prosecution.

Questions Presented

1. Whether Campbell's motion to reconsider the recommendation denying leave to amend should be granted.
2. Whether Campbell should be permitted to amend his Amended Complaint to dismiss the United States Marshal Service, substitute Butler County for Sheriff Jones in his official capacity, and add legal argument.
3. Whether Campbell should be ordered to submit completed summons and U.S. Marshal forms for Sheriff Jones, with dismissal for want of prosecution recommended if he failed to do so.

Disposition

other