Legal Opinion
Ripley v. Childress
District Court, D. New Mexico
Decided August 26, 1988No. Cv. No. 87-1469 JPPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
PARKER, District Judge.
The question presented here is whether a proposed amended complaint may, under Fed.R.Civ.P. 15(c), relate back to an original complaint which fails to state a claim upon which relief may be granted. I believe the answer should be “yes.”
Defendants filed a Fed.R.Civ.P. 12(h)(2) motion for judgment on the pleadings on the ground that plaintiff failed to allege deprivation of a right guaranteed by the Constitution of the United States. Plaintiff responded by filing his Motion to Amend Complaint. Having considered the motions and memoranda…
2Cases cited28 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Haines v. KernerSupreme Court of the United States · 1972
- Foman v. DavisSupreme Court of the United States · 1962
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Baker v. McCollanSupreme Court of the United States · 1979
23 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Berke, et al. v. Presstek, et al.District Court, D. New Hampshire · 1999
- Vigil v. TweedDistrict Court, D. New Mexico · 2020