Mumin v. Case Manager Carroll et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DUKHAN MUMIN,
Plaintiff,
vs.
CASE MANAGER LINDSEY CARROLL,
in their individual capacity; and CASE
WORKER MOESHOESHOE, in their
individual capacity,
Defendants.
8:24CV131
MEMORANDUM AND ORDER
This matter is before the Court on pro se Plaintiff Dukhan Mumin’s motion
for Leave to File Second Amended Complaint. Filing No. 38. Plaintiff’s motion is
denied for the reasons set forth herein.
Plaintiff is moving to amend his complaint for the second time. Accordingly,
he is appropriately seeking the Court’s leave to amend. Fed. R. Civ. Proc. 15(a)(2).
Federal Rule of Civil Procedure 15 requires the Court to “freely give leave when
justice so requires.”
On September 22, 2025, the Court entered a Rule 16 scheduling order
setting February 3, 2026 as the deadline to file motions to amend. See Filing No.
29. Federal Rule of Civil Procedure 16(b) provides the Court may only modify a
scheduling order “for good cause.” When a party moves to amend the complaint
outside the deadlines in the scheduling order, the party must show good cause
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pursuant to Rule 16(b) before the Court considers whether leave to amend should
be granted pursuant to Rule 15. Sherman v. Winco Fireworks, Inc., 532 F.3d 709,
715–16 (8th Cir. 2008).
To determine whether good cause exists pursuant to Rule 16(b), the Court
considers “the movant’s diligence in attempting to meet the order’s requirements.”
Yang v. Robert Half Int’l, Inc., 79 F.4th 949, 960 (8th Cir. 2023), reh’g denied, No.
22-2592, 2023 WL 6313679 (8th Cir. Sept. 28, 2023) (quoting Hartis v. Chi. Title
Ins. Co., 694 F.3d 935, 948 (8th Cir. 2012)). “A district court may also consider the
existence or degree of prejudice to the party opposing the modification.” Marmo v.
Tyson Fresh Meats, Inc., 457 F.3d 748, 759 (8th Cir. 2006).
The Court set February 3, 2026 as the deadline for moving to amend
pleadings or add parties. Filing No. 29. It appears Plaintiff mailed his motion on
February 12. See Filing No. 38 at 3. The motion was filed on February 19.
Accordingly, Plaintiff must show good cause to re-open and extend the deadline
for filing motions to amend. Plaintiff does not provide good cause in his motion.
Moreover, upon review of the docket and Plaintiff’s proposed second amended
complaint, the Court finds good cause does not exist.
Plaintiff asserts he is moving to amend to add facts to bolster claims he
previously asserted against Shaun Settles and Case Manager Fricke. Filing No.
38 at 1. These claims arise out of the drug testing of a bottle of cologne found on
Plaintiff’s person. Upon initial review in August 2025, the Court dismissed the drug
testing claims pertaining to Settles and Fricke without prejudice. Filing No. 13.
Upon review of his proposed second amended complaint, Plaintiff is also adding
claim(s) against Defendant Case Manager Lindsey Carroll pertaining to prisoners’
permitted study time. Filing No. 38-1 at 2 ¶¶ 4–8. These study time claim(s) are
not alleged in the operative complaint. See Filing No. 9.
Plaintiff previously moved to amend his complaint in September 2025 and
October 2025. Filing No. 31; Filing No. 33. The Court denied both motions to
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amend without prejudice for failure to comply with the local rules. Filing No. 32;
Filing No. 35. The last denial without prejudice occurred on October 16, 2025.
Plaintiff does not explain why he waited four months, until after the deadline to file
motions to amend lapsed, to renew his motion. Importantly, upon review of
Plaintiff’s proposed second amended complaint, it appears the facts Plaintiff seeks
to add pertaining to Settles and Fricke are not newly discovered and have been
available to Plaintiff since 2022.
Accordingly, based upon the information before the Court, Plaintiff was not
diligent in attempting to meet the deadline to file motions to amend. Plaintiff did not
show good cause to re-open and extend the motion to amend deadline. Plaintiff’s
motion to amend, Filing No. 38, is denied.
IT IS SO ORDERED.
Dated this 20th day of February, 2026.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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