Opinion
Civil Action No. 07-cv-02603-REB-KLM.
July 11, 2008
ORDER
This matter is before the Court on Plaintiff's Motion for Leave to Amend [Docket No. 71; Filed July 9, 2008] ("Motion to Amend"). In a prior Order, Plaintiff was directed to file a Motion for Leave to Amend if he wanted to add parties or claims to his case [Docket No. 64]. He was also required to file a proposed amended complaint titled "FINAL AMENDED COMPLAINT" that fully incorporates every claim and defendant Plaintiff would like to pursue in this case. While Plaintiff has filed a Motion for Leave to Amend within the Court-ordered deadline, he has failed to attach a separate proposed amended complaint which contains the necessary information. Specifically, as is the case with Plaintiff's current complaint [Docket No. 38], his tendered amended complaint must be a document separate from any other pleading, and it must contain (at a minimum), a case caption; a list of parties; a statement of jurisdiction; a summary of his alleged injuries; a list of claims, including the alleged individuals responsible for his injuries and the alleged constitutional right implicated; a prayer for relief; and his signature. Without having the proposed amended complaint, the Court cannot rule on the merits of Plaintiff's Motion to Amend. Accordingly,
IT IS HEREBY ORDERED that the Motion to Amend is DENIED without prejudice. If Plaintiff wishes to amend his complaint, he must submit a Motion for Leave to Amend and a separate proposed Final Amended Complaint in compliance with my prior Order [Docket No. 64] on or before August 18, 2008.
IT IS FURTHER ORDERED that shall file his proposed Final Amended Complaint on the Court's Prisoner Complaint form.
IT IS FURTHER ORDERED that the Clerk of Court shall mail to Plaintiff, together with a copy of this Order, two copies of the following form: Prisoner Complaint.
IT IS FURTHER ORDERED that the Scheduling Conference set for September 4, 2008 at 10:30 a.m. is vacated and will be reset by the Court in the future. Pursuant to the Court's prior Order [Docket No. 64], the Court will continue to hold Plaintiff's Motion Nos. 49, 54, 56, 57, 59, 60, 62 in abeyance until the date of the Preliminary Scheduling/Status Conference.