United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
CHARLES A. SHAW UNITED STATES DISTRICT JUDGE
Plaintiff has filed a post-dismissal amended complaint. Although plaintiff did not move for leave to file an amended complaint, the Court will construe the document as a motion for leave to amend for the purposes of this Order.
Although the Federal Rules have a liberal policy towards amendments, “[p]ost-dismissal motions to amend are disfavored, ” In re Medtronic, Inc., Sprint Fidelis Leads Products Liability Litigation, 623 F.3d 1200, 1208 (8th Cir. 2010), and amendments should not be granted when they would be frivolous or “futile, ” Foman v. Davis, 371 U.S. 178, 182 (1962).
The allegations in plaintiff’s amended complaint do not state a claim upon which relief can be granted. They are the same allegations as, or are substantially similar to, his original claims. As a result, the proposed amendments are futile.
Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to docket plaintiff’s amended complaint [ECF No. 7] as a motion ...