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- ilcd;;1:16-cv-01267_de27 RegisterActionDate "2016-10-07" @default.
- ilcd;;1:16-cv-01267_de27 RegisterActionDescriptionText "TEXT ORDER entered by Judge Sara Darrow on 10/7/2016. Plaintiffs motion for clarification 15 is DENIED. Plaintiff does not have the right to select which United States District Judge within the United States District Court for the Central District hears or considers his motions or case. Plaintiffs first motion for leave to file amended complaint 19 is DENIED as moot in light of Plaintiff's second motion for leave to file amended complaint. Plaintiffs second motion or leave to file amended complaint 20 is DENIED. Federal Rule of Civil Procedure 15 allows a plaintiff to freely amend his complaint when justice so requires. Id. However, district courts have broad discretion to deny leave to amend where there is undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies, undue prejudice to the defendants, or where the amendment would be futile. Hukic v. Aurora Loan Servs., 588 F.3d 420, 432 (7th Cir. 2009). Here, Plaintiff's proposed amendments to his complaint would be futile. As explained in the Merit Review Order, Plaintiff's claims against the named Defendants, other than the Hobarts, are barred by the United States Supreme Court's holding in Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff's proposed Amended Complaint does not allege any facts indicating that the adjustment committee's decision and penalty imposed have been vacated or overturned in any manner. Accordingly, allowing Plaintiff to file his proposed Amended Complaint would be futile because his claims that he wants to assert therein are barred. (KB, ilcd) (Entered: 10/07/2016)" @default.
- ilcd;;1:16-cv-01267_de27 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01267_de27 hasJudgeReference SJ001510 @default.
- ilcd;;1:16-cv-01267_de27 hasReferenceToOtherEntry ilcd;;1:16-cv-01267_de20 @default.
- ilcd;;1:16-cv-01267_de27 hasReferenceToOtherEntry ilcd;;1:16-cv-01267_de24 @default.
- ilcd;;1:16-cv-01267_de27 hasReferenceToOtherEntry ilcd;;1:16-cv-01267_de25 @default.