IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
AIR FORCE OFFICER,
Plaintiff,
v.
LLOYD J. AUSTIN, III, individually and in
his official capacity as Secretary of Defense;
FRANK KENDALL, III, individually and in
his official capacity as Secretary of the Air
Force; and ROBERT I. MILLER, individually
and in his official capacity as Surgeon
General of the Air Force,
Defendants.
Civil Action No. 5:22-cv-00009-TES
MOTION TO STRIKE PLAINTIFF’S AMENDED COMPLAINT
Defendants, by and through the United States Attorney for the Middle District of Georgia,
hereby move the Court to strike Plaintiff’s Amended Complaint (ECF No. 56) pursuant to Federal
Rule of Civil Procedure 12(f) because the Amended Complaint is improper under Federal Rule of
Civil Procedure 15(a). Further, leave to amend should be denied under Federal Rule of Civil
Procedure 15(a)(2) because the Amended Complaint is futile.
This 10th day of March, 2022.
PETER D. LEARY
UNITED STATES ATTORNEY
By:
s/ Lance Simon
LANCE SIMON
ASSISTANT UNITED STATES ATTORNEY
Georgia Bar No. 447643
ROGER C. GRANTHAM, JR.
ASSISTANT UNITED STATES ATTORNEY
Georgia Bar No. 860338
Case 5:22-cv-00009-TES Document 60 Filed 03/10/22 Page 1 of 2
United States Attorney’s Office
Middle District of Georgia
P. O. Box 1702
Macon, GA 31202
Phone: (478) 621-2663
Fax: (478) 621-2737
Email: Lance.Simon@usdoj.gov
Roger.Grantham@usdoj.gov
Case 5:22-cv-00009-TES Document 60 Filed 03/10/22 Page 2 of 2