The opinion of the court was delivered by: RICHEY
UNITED STATES DISTRICT JUDGE
Before the Court are: (1) Plaintiff's Amendment to his Complaint, filed September 23, 1996; (2) the Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction, filed September 16, 1996; (3) the Defendants' Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted, filed September 16, 1996; (4) the Plaintiff's Opposition thereto, filed September 23, 1996; and (5) the Defendant's Reply thereto.
The plaintiff alleges that the defendants have obstructed the plaintiff's efforts to form a student government at the defendant educational institution.
On August 26, 1996, Ronald J. Jackson filed the Complaint in the above-entitled action alleging that the defendants -- Strayer College and certain employees thereof -- obstructed and conspired to obstruct the forming of a student-based student government. Specifically, the plaintiff claims that on February 15, 1996, the defendants blocked a news advertisement about student-based government activity and/or blocked the distribution of the paper showing the advertisement. Complaint P 4(a). The plaintiff further alleges that on or about March 11 and 13, 1996, the defendants removed notices regarding a student referendum on student government, and had employees of Strayer College misdirect students from an advertised luncheon being held to ratify a student government. Id. at P 4(b) & (c).
On September 16, 1996, a status conference was held in the above-entitled action. At that time, the plaintiff indicated that he had filed an Amended Complaint with the Court. The Court, however, did not receive any Amended Complaint or Motion for Leave to Amend Complaint until September 23, 1996. On that day, the plaintiff filed an "Amendment to Complaint," adding a new defendant and setting forth entirely new allegations that the defendants conspired to prevent the plaintiff from receiving financial aid by allowing the plaintiff's loan default notice to lie dormant for nearly three months. The new allegations were unrelated to the conduct alleged in the original Complaint.
The new defendant, brought into the dispute by the plaintiff's "amendment" to the Complaint, is Boni Yapp, an employee of defendant Strayer College, who allegedly is in charge of the college's student services department. The plaintiff claims that Mr. Yapp conspired with all the other defendants to deny the plaintiff financial aid.
I. THE COURT SHALL RECOGNIZE THE PLAINTIFF'S AMENDMENT TO HIS COMPLAINT AS AMENDING HIS ORIGINAL COMPLAINT AS A MATTER OF COURSE.
Rule 15(a) of the Federal Rules of Civil Procedure provides that
[a] party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served.
Fed. R. Civ. P. 15(a). It appearing that no responsive pleading -- as that term is understood for the purposes of Rule 15(a) -- has been filed, the plaintiff is entitled to ...