4. The pro se pauper Plaintiff does not
feel Honorable Jimm Larry Hendren is aware that the “Dennis Factors” often used by him to deny amending are TOTALLY FRAUDS used to violate the
intent of the Federal Rules of CP. See Dennis v. Dillard
Department Stores, Inc.,
207 F.3d 523, 525 (8th Cir. 2000)
This is a relatively fresh case and was the case Honorable Jimm Larry Hendren
used to describe the approach the Eighth Circuit had in amending in bare
error. Honorable Jimm Larry Hendren’s
use of “Dennis
Factors” is nothing but one way to justifying arbitrary decisions. The case cited was an appeal based on
denial of leave to amend an answer. Dillard’s objected to denial of their motion to amend their answer in
the case cited but that was never read.
5. Plaintiff
finds it appalling that this is the case Honorable Jimm Larry Hendren often
uses to support denying an amendment in spite of the Federal Rules of CP Rules 15, 18, 19, and 20. The Eighth Circuit ruled in favor of
Dillard’s appeal due to being denied and ordered a new trial on those very
grounds. The Eighth Circuit will
support amending unless there is a clear rational listed, as the Western
District of Arkansas has not stated, alleging reliance on Eighth Circuit
precedence in error.
6. Honorable
Jimm Larry Hendren invented “Dennis Factors” to support denial
of amendments as sanctions. Honorable Jimm Larry Hendren is entitled
to respect and the benefit of the presumption that the Judge researched “Dennis
Factors” perhaps further or had some other rational that was not in
keeping with the illogical explanation that “more than two” had once been
included in AR statutes to benefit insane minors in prison out-of-State in
spite of the fact that this is wrong on its face.
7. The Plaintiff is very familiar with
having reasoning questioned having a severe traumatic brain injury that is
unique. Plaintiff expresses empathy for Jimm
Larry Hendren attempting to rule justly on this case dealing with wire
communications, called the Internet to avoid regulation, which did not exist
until shortly after Jimm Larry Hendren became a judge.
8. The
Plaintiff decided to research “Dennis
Factors” beyond the case cited in error. The listed rational that included repeated failed amendments was text
cited by the Eighth Circuit Court. The
quote paraphrased circumstances that warranted denial of granting leave to
amend was actually a quote from Foman v. Davis, 371 U.S. 178, 182
(1962).
9. Determined
to find the ruling where these circumstances had caused denial, the plaintiff
read the quoted case. The case is
published by wire. See < openjurist.org/371/us/178 >. This case
was an opinion of the Supreme Court written by Justice Goldburg in 1962 only
three years before the Justice resigned.
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