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Media Alerts - United States v. Shabazz - Fourth Circuit
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March 6, 2013
  United States v. Shabazz - Fourth Circuit
Headline: Prejudicial? Futile? Bad Faith? Your Motion to Amend Is Dismissed

Area of Law: Civil Procedure

Issue Presented: Whether a motion to amend a pleading post-judgment is considered under the same legal standard as a motion to amend a pleading pre-judgment.

Brief Summary: Shabazz argued that the lower court erred when it dismissed his Rule 15(c) motion to amend his original § 2255 habeas motion. In an unpublished opinion, the United States Court of Appeals for the Fourth Circuit agreed, holding, "Leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile." Further, the Fourth Circuit maintained that a post-judgment motion to amend is to be evaluated under the same legal standard as a motion filed pre-judgment pursuant Rule 15(a). Due to the fact that the lower court did not consider whether Shabazz's amended complaint would be prejudicial, futile, or was made in bad faith, the Fourth Circuit found that the motion was improperly analyzed and dismissed, and therefore vacated and remanded the judgment back to the District Court for the Eastern District of Virginia.

To read the full opinion, please visit:

Panel: Judges Wilkinson, Motz, and Gregory

Docket Number: No. 12-7874

Decided: 02/12/13

Case Alert Author: Samantha Spencer

Counsel: Divine Shabazz, Appellant Pro Se. David Thomas Maguire, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Author of Opinion: Per Curiam Opinion

Case Alert Circuit Supervisor: Professor Renée Hutchins

    Posted By: Renee Hutchins @ 03/06/2013 03:47 PM     4th Circuit  

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