Opinion
Civil Action No. 12-cv-00489-CMA-KLM
04-09-2012
JOSE MEDINA ESCOBAR, Plaintiff, v. ASSOCIATE WARDEN S. FOSTER, DEPUTY DIRECTOR L. REID, MAJOR L. MAIFELD, LIEUTENANT L. TRAVIS, LIEUTENANT TEDEMANN, LIEUTENANT BURKE, CAPTAIN PADILLA, CAPTAIN D. WILLIAMS, SERGEANT MARQUEZ, SERGEANT MONTGOMERY, SERGEANT KELEMAN, SERGEANT HAWKINS, SERGEANT FRETWELL, C/O CALDARONELLO, C/O P. ARCHULETA, C/O ALANIS, C/O AURITI, C/O SAUCIDO, C/O KITCHEN, C/O S. HARTUNG, C/O MONTANEZ, C/O B. TETRICK, and C/O VERSTEEGH, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Motion for Leave to Submit his Supplemental Complaint [Docket No. 12; Filed April 5, 2012] (the "Motion").
IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE. Although Plaintiff proceeds pro se in this matter, he is obligated to comply with the same rules of procedure that govern all litigants. See Green v. Dorrell, 969 F.2d 915, 917 (10th Cir. 1992). The Court will not permit piecemeal pleading, and thus will not allow Plaintiff to submit a "supplemental complaint" to be considered in addition to his Complaint which is the operative pleading. If Plaintiff wants to file an Amended Complaint, he must submit one proposed Amended Complaint for the Court's review.
IT IS FURTHER ORDERED that, pursuant to the Waiver of Service of Summons [Docket No. 9; Filed March 29, 2012], Defendants Reid, Foster, Travis, Padilla, Hawkins, Saucido, Tetrick, Williams, Maifeld, Burke, Marquez, Auriti, Montanez, Stringer, Fretwell, Tedemann, Caldaronello, Montgomery, Archuleta, and Alanis shall answer or otherwise respond to Plaintiff's Complaint [#1] on or before May 29, 2012.
To date, Defendants Keleman, Kitchen, and Versteegh remain unserved, and Plaintiff has not provided a physical address for Defendant Versteegh. See Return, [#11] ("cannot serve P.O. Box - need physical address").