Opinion
Case No. 2:06-cv-56.
May 3, 2006
ORDER
On April 20, 2006, this Court directed plaintiff to file an amended complaint containing all the allegations alleged in his original complaint filed on January 20, 2006 as well as those allegations contained in his February 1, 2006 motion for leave to amend the complaint. Plaintiff has never filed an amended complaint, and on April 27, 2006, he filed a motion to withdraw his entire complaint (doc. 21). In his motion to withdraw, plaintiff states that he does not have the funds necessary to file another complaint. However, when a party files an amended complaint in an existing lawsuit, the party is not required to pay an additional filing fee. Accordingly, plaintiff can file an amended complaint in this lawsuit at no additional cost. Therefore, if plaintiff desires to file an amended complaint, he shall do so within eleven (11) days of the date of this Order. The amended complaint should include the allegations made in his original complaint as well as the subsequent allegations made in his February 1, 2006 motion to amend. If plaintiff fails to file an amended complaint within eleven (11) days, this Court will grant plaintiff's April 27, 2006, motion to withdraw the entire civil complaint which will result in this case being dismissed.