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Dawn Marie Ball v. Northampton County Sheriff

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 23, 2012

DAWN MARIE BALL,
PLAINTIFF
v.
NORTHAMPTON COUNTY SHERIFF, ET AL.,
DEFENDANTS

The opinion of the court was delivered by: Chief Judge Kane

Magistrate Judge Carlson

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Plaintiff Dawn Marie Ball filed her complaint in this action on April 14, 2008. (Doc. No. 1.) More than three years later, on November 4, 2011, Plaintiff filed a motion to amend her complaint by adding two Defendants. (Doc. No. 87.) Magistrate Judge Martin Carlson issued a Report and Recommendation on November 17, 2011, in which he recommends that leave to file an amended complaint be denied. (Doc. No. 91.) The Report and Recommendation notes that Plaintiff has provided no reason for her delay in naming these Defendants in an amended complaint and that the claims against these putative Defendants are time barred. (Id.) Plaintiff objects noting that she has filed letters with the Court in which she identifies the Defendants. (Doc. No. 93.) The Court does acknowledge that she has named these Defendants in various filings with the Court. In the present matter, however, the claims raised are barred by the statute of limitations. As Magistrate Judge Carlson explains, Plaintiff has failed to satisfy Rule 15(c) of the Federal Rules of Civil Procedure.

ACCORDINGLY, on this 23rd day of March 2012, IT IS HEREBY ORDERED THAT the Report and Recommendation (Doc. No. 91) is ADOPTED and the motion to amend (Doc. No. 87) is DENIED. This matter is referred back to Magistrate Judge Carlson for further proceedings.*fn1

Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania


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