Opinion
Civil Action No. 3:99-CV-2157-D
May 4, 2001
ORDER
Plaintiff Raymond Peter Godaire ("Godaire") has filed a May 2, 2001 motion for permission of the court to withdraw amended complaint. The court grants the motion.
Godaire filed on February 15, 2000 a motion for permission to amend complaint. On February 16, 2000 the court granted the motion, directed the clerk of court to file Godaire's proposed amended complaint so that the record would reflect its content, but directed Godaire to prepare an amended complaint that complied with Fed.R.Civ.P. 8(a) and not to serve the amended complaint until after defendants had filed responsive pleadings. On February 6, 2001 Godaire filed a motion for extension of time to file amended complaint. In his motion he stated that he had just received information identifying the parole officer as Oyo Eyo ("Eyo"). In Godaire's May 2, 2001 motion for permission of the court to withdraw amended complaint, he states that it would serve no useful purpose to add Eyo as a defendant. The court therefore grants the motion.
In his initial complaint, Godaire sued Victor Rodriguez ("Rodriguez"), Parole Officer/Peace Officer Bryant ("Bryant"), Carl Campbell ("Campbell"), and Cary Fogus ("Fogus"). The court dismissed Rodriguez by judgment filed February 20, 2001 and has today granted Campbell and Fogus' motion for summary judgment. Godaire never served Bryant, although the court directed the clerk of court to issue a summons and complaint for this defendant. It appears from Godaire's February 6, 2001 motion for extension of time to file amended complaint that Eyo, rather than Bryant, is the "Parole Officer/Peace Officer" defendant in question. Accordingly, his action against the unserved defendant — Bryant — whom he apparently never intended to sue, should be dismissed without prejudice. By his May 2, 2001 motion for permission of the court to withdraw amended complaint, Godaire makes clear that he no longer seeks to sue Eyo. Therefore, his actions against all remaining defendants have been resolved by the court's order today dismissing his claims against Campbell and Fogus and by this order dismissing without prejudice his action against Bryant and allowing him not to amend to add Eyo as a defendant. The court has on these bases filed today a final judgment that dismisses all remaining components of this lawsuit.
SO ORDERED.