UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

WILLIAM E. POWELL, 

 Plaintiff, 

v. 

INTERNAL REVENUE 

SERVICE, 

 Defendant. 

 

Case No. 2:15-cv-11616 

District Judge Paul D. Borman 

Magistrate Judge Anthony P. Patti 

___________________________________/ 

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO AMEND 

COMPLAINT (DE 12) AND DEEMING PLAINTIFF’S PROPOSED 

AMENDED COMPLAINT (DE 12-1) AS THE OPERATIVE PLEADING 

I. BACKGROUND 

 Plaintiff filed his complaint and application to proceed in forma pauperis on 

May 5, 2015, seeking to compel Defendant to comply with his requests for certain 

tax documents under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. 

(DE 1 and 2.) His application was granted on May 11, 2015 and the U.S. Marshals 

issued a summons for Defendant one day later. (DE 9.) On July 6, 2015, Plaintiff 

filed a motion for leave to amend his complaint. (DE 12.) The motion was 

referred to me pursuant to 28 U.S.C. § 636(b)(1)(a) on August 19, 2015. (DE 13.) 

 In his motion, Plaintiff asks the Court to allow him to amend his complaint 

to include a June 8, 2015 FOIA request that he claims has “only recently [been] 

2:15-cv-11616-PDB-APP Doc # 15 Filed 09/08/15 Pg 1 of 3 Pg ID 59
2

deemed exhausted.” (DE 12 at ¶ 8.) Plaintiff represents that Defendant was served 

with the original complaint on May 18, 2015. As of September 3, 2015, however, 

the Court’s docket did not reflect that Defendant had been served. 

II. STANDARD 

 Pursuant to Federal Rule of Civil Procedure 15, a party may amend its 

pleadings once as a matter of course 21 days after service, or if the pleading is one 

to which a responsive filing is required, 21 days after service of a responsive 

pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), 

whichever is earlier. Fed. R. Civ. P. 15(a)(1). Otherwise, a party must move the 

court or receive the opposing party’s consent to amend a complaint. Fed. R. Civ. 

P. 15(a)(2). Leave to amend must be freely given when justice so requires. Id. 

III. ANALYSIS 

 This matter came before me for a hearing, along with the pending motion to 

compel in case number 2:15-cv-11033, Powell v. Internal Revenue Service, on 

September 3, 2015. During the hearing, Joseph E. Hunsader appeared on behalf of 

Defendant, accepted service of Plaintiff’s first amended complaint, and informed 

the Court that Defendant does not oppose Plaintiff’s motion to amend. 

Accordingly, Plaintiff’s unopposed motion to amend is GRANTED. The Court 

will consider Plaintiff’s proposed first amended complaint, attached as Exhibit A 

2:15-cv-11616-PDB-APP Doc # 15 Filed 09/08/15 Pg 2 of 3 Pg ID 60
3

to his motion (DE 12-1), as FILED. Plaintiff’s first amended complaint will 

hereafter be considered the operative pleading in this matter. 

 Because the date of service of Plaintiff’s original and/or amended complaint 

is unclear, the Court provided Defendant with 21 days from the date of the hearing 

in which to file an answer or otherwise respond to Plaintiff’s first amended 

complaint. Defendant’s answer is therefore due ON OR BEFORE 

SEPTEMBER 24, 2015. 

IT IS SO ORDERED. 

Dated: September 8, 2015 s/Anthony P. Patti 

 Anthony P. Patti 

 UNITED STATES MAGISTRATE JUDGE 

I hereby certify that a copy of the foregoing document was sent to parties of record 

on September 8, 2015, electronically and/or by U.S. Mail. 

 s/Michael Williams 

 Case Manager for the 

 Honorable Anthony P. Patti 

2:15-cv-11616-PDB-APP Doc # 15 Filed 09/08/15 Pg 3 of 3 Pg ID 61