IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION

 

 

JOHN S. LA TOUR                                  PLAINTIFF

VS.                                                                                                     Case No. 02-5001  

i

: CITY OF FAYETTEVILLE" ARKANSAS           DEFENDANT

 

 

ORDER

Now on this 17 day of April, 2003, comes on for consideration plaintiff' s Motion For Leave Of The Court To

Amend Complaint (document #58), and the Court, being well and sufficiently advised., rinds and, orders ,as follows:

 

Plaintiff seeks to amend his Complaint to ad the words "overly broad" in his allegations of constitutional infirmities

 

allegedly afflicting the Fayetteville Sign Ordinance. He says that his Complaint "thoroughly described" the infirmity of

 

overbreadth, but that he failed to use the specific "name of the ill. "  

 

                        To the extent that plaintiff is correct that he has thoroughly described overbreadth in his Complaint, there is no

 

need to amend it. All that is required is a "short and plain statement of the claim showing that the pleader is entitled to .

 

relief," and all pleadings "shall be so construed as to do substantial justice." F.R.C.P. 8. The reason advanced for

amending the Complaint therefore fails to support the request, and it will be denied.

 

IT IS THEREFORE ORDERED that plaintiff's Motion For Leave Of The Court To Amend Complaint is denied.

 

IT IS SO ORDERED.

 

 

JIMM LARRY HENDREN

UNITED STATES DISTRICT JUDGE

 

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