Background
Kefim Dexter David, proceeding pro se, appealed orders from the United States District Court for the District of Maryland. The district court had dismissed his complaint without prejudice under Section nineteen hundred fifteen of Title twenty-eight of the United States Code and denied his motion to reconsider. David argued on appeal that the district court erred by not considering an amended complaint he submitted with his motion to reconsider.
The court’s reasoning
The court reviewed the district court’s decision and found that any error in failing to consider the amended complaint was harmless. The court cited Save Our Sound OBX, Inc. v. North Carolina Department of Transportation and Federal Rule of Civil Procedure fifteen point A two to support its conclusion that the amendment was futile. Consequently, the court affirmed the district court’s orders.
What it means going forward
The decision reinforces that pro se litigants must demonstrate that proposed amendments to their complaints would not be futile to avoid dismissal.