Opinion
Civ. 23-21019 (RBK) (EAP)
06-24-2024
JAY ROMAIN BOYCE, Plaintiff, v. OFFICER R. KARCH, et al. Defendants.
MEMORANDUM AND ORDER
ROBERT B. KUGLER UNITED STATES DISTRICT JUDGE
Plaintiff is proceeding pro se with this civil rights action. Previously, this Court granted Plaintiff's application to proceed in forma pauperis. (See ECF 10). Presently pending before this Court are two motions by Plaintiff to supplement/amend his complaint. (See ECF 13 & 14). For the following reasons, Plaintiff's motions shall be denied without prejudice.
Plaintiff's motions are an attempt to amend his complaint in piecemeal fashion. Such piecemeal attempts by Plaintiff to seek to amend his proposed operative pleading are procedurally improper. See Lewis v. Sessions, No. 17-5475, 2017 WL 7313822, at *2 (D.N.J. Nov. 3, 2017) (“Neither Fed.R.Civ.P. 8, which governs pleadings, nor Fed.R.Civ.P. 15, which governs amended and supplemental pleadings, permits [a plaintiff] to submit . . . addenda to his Complaint in . . . piecemeal fashion”). Instead, Plaintiff needs to submit an all-inclusive proposed amended complaint that will still be subject to sua sponte screening by this Court. Plaintiff shall be given the opportunity to file such a proposed all-inclusive amended complaint. Should Plaintiff elect not to do so in the time allotted, this Court will proceed with screening only those claims and allegations in his original complaint. (See ECF 2).
Accordingly, IT IS on this 20th day of May, 2024, ORDERED that Plaintiff's motions to supplement/amend (ECF 13 & 14) are denied without prejudice; and it is further
ORDERED that Plaintiff shall have thirty (30) days from the date of this memorandum and order in which to file a proposed all-inclusive proposed amended complaint; should Plaintiff elect not to file a proposed all-inclusive proposed amended complaint within the time allotted, this Court will screen only Plaintiff's claims and allegations in his original complaint (ECF 2); and it is further
ORDERED that the Clerk shall serve on Plaintiff by regular U.S. mail this memorandum and order.