Mark Anthony Newberry v. Montgomery County Children Services, et al.

Summary

The United States District Court for the Southern District of Ohio grants pro se Plaintiff Mark Anthony Newberry leave to amend his complaint and substitute a proper party. The Court requires him to file a third amended complaint by March 23, 2026, and denies as moot and without prejudice the pending motions to dismiss filed by Montgomery County Children Services and the City of Dayton.

Holdings

1. Because Plaintiff was proceeding pro se, the court liberally construed his request in the responsive briefing as a motion for leave to amend the complaint and substitute a proper party.
2. Leave to amend the complaint and substitute a proper party was granted.
3. The Rule 12(b)(6) motions filed by Montgomery County Children Services and the City of Dayton were denied as moot and without prejudice because Plaintiff was required to file a new amended complaint.

Questions Presented

1. Whether Plaintiff's request in his opposition brief should be construed as a motion for leave to amend the complaint and substitute a proper party.
2. Whether leave to amend and substitute a proper party should be granted under Federal Rule of Civil Procedure 15(a)(2).
3. Whether Defendants' Rule 12(b)(6) motions should remain pending after leave to amend was granted.

Disposition

other