Case 1:16-cv-00100-NT Document 11 Filed 03/17/16 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE
GinA

CIVIL NO. 1:16-cv-00100-NT

Plaintiff
MOTION for LEAVE to AMEND COMPLAINT

v
City of Augusta Maine, et al.,
Defendants

with INCORPORATED MEMORANDUM OF LAW

FRCivP 15(a)(1)(A) and (a)(2)

Plaintiff desires to exercise her right under FRCivP 15(a)(1)(A) and files this Motion under
FRCivP 15(a)(2) for Leave to Amend Complaint as she requested in her original Complaint, Due
to the public significance of the events cited in this complaint and GinAs need to proceed
without legal representation, GinA requests any necessary leave to correct any technical or
procedural errors or omissions which may cause this court to dismiss any part of the complaint,
in part or whole, sua sponte.
On February 19, Magistrate Nivison denied Plaintiffs motion without prejudice as being
premature, Because the Court has not yet conducted the review and thus has made no
determination regarding the sufficiency of Plaintiff's complaint Upon review of the complaint,
if the Court determines that the complaint is deficient, the Court will determine whether the
deficiencies are correctable and whether Plaintiff should be afforded an opportunity to amend
the complaint. By MAGISTRATE JUDGE JOHN C. NIVISON.
Magistrate Nivison has since recommended the complaint be dismissed sua sponte for
certain deficiencies which Plaintiff believes are correctable by providing additional information
and by amending, clarifying and supporting her current complaints allegations.
FRCivP 15(a)(1) allows Plaintiff to amend its pleading once as a matter of course
within: (A) 21 days after serving it, and Rule 15(a)(2) allows In all other cases, a party may
amend its pleading only with the court's leave. The court should freely give leave when justice
so requires.

GinA v. City of Augusta

Motion for Leave to Amend Complaint

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Case 1:16-cv-00100-NT Document 11 Filed 03/17/16 Page 2 of 2

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Since the complaint has not yet been served, Plaintiff desires to exercise her right under
lS(a)(l)(A) to amend her complaint and requests leave under 15(a)(2) to ({correct any technical
or procedural errors or omissions" and add any supporting facts, law and evidence.

Notwithstanding any amended complaint, Plaintiff will properly object and respond to
Magistrate Nivison's Recommended Decision within the required fourteen days.
I

WHEREFORE, Plaintiff respectfully moves this court pursuant to FRCivP 15(a)(2) to grant
her motion for leave to amend her complaint, notwithstanding Plaintiff filing her objections and
response to Magistrate Nivison's Recommended Decision in fourteen days, and set a deadline
for the filing of her amended complaint for thirty (30) days from the date of the court's order
granting this motion.

Respectfully submitted this 16th day of

M-a-rc_h_,'"""k
: _O. . .,l. c: 6.~- ...=- - - - ' - - - - - - - - - - - GinA
2528 West River Road
Sidney, Maine 04330
(207) 209-1767
gina.ecf@gmail.com

GinA v. City of Augusta

Motion for Leave to Amend Complaint

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