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Joanne Barnes v. Prince George's County, Maryland, et al
State: Maryland
Court: Maryland District Court
Case Date: 05/08/2003
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : JOANNE BARNES : v. PRINCE GEORGE'S COUNTY, MD, et al. : Civil Action No. DKC 2002-1610 : :

MEMORANDUM OPINION On March 26, 2002, Joanne Barnes, Plaintiff, filed suit in the Circuit Court for Prince George's County, Maryland, against the County, Chief of Police John S. Farrell,1 Officer Katherine

Provost, Corporal Jessie Standifer, an Officer "John Doe" of the Police Department and Officers "John and/or Jane Does 2 - 5" of the Department of Corrections, alleging violations of her rights on March 27-28, 1999. The case was subsequently removed to this court on May 6, 2002. By motion filed March 26, 2003, Plaintiff seeks

leave to amend to name Corporal James Fournier in place of Police Officer John Doe. rules pursuant to The issues are fully briefed, and the court now Local Rule 105.6, no hearing being deemed

necessary. For the reasons that follow, the motion will be denied.

I.

Standard of Review

The parties have stipulated to the dismissal of Defendant Farrell, and he is not named in the First Amended Complaint.

1

A party may move to amend her complaint pursuant to Rule 15(a) and "leave shall be freely given when justice so requires." R. CIV. P. 15(a). party leave to FED.

Under Rule 15(a), "[t]he decision to grant a amend its pleadings rests within the sound

discretion of the district court."

Healthsouth Rehabilitation

Hospital v. American Red Cross, 101 F.3d 1005, 1010 (4th Cir. 1996), cert. denied, 520 U.S. 1264 (1997), citing Sandcrest Outpatient Serv. v. Cumberland County Hosp. Sys., 853 F.2d 1139, 1148 (4th Cir. 1988). The general and oft-cited rule is that leave sought should

be freely given, "in the absence of any apparent or declared reason
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