Finley v. Correctional Healthcare Management

Full title: THEODORE L. FINLEY, Plaintiff, v. CORRECTIONAL HEALTHCARE MANAGEMENT, and…

Court: United States District Court, D. Colorado

Date published: Feb 22, 2007

Civil Action No. 06-cv-01610-EWN-CBS (D. Colo. Feb. 22, 2007)

Opinion

Civil Action No. 06-cv-01610-EWN-CBS.

February 22, 2007

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Plaintiff Finley's "Motion for Leave to File an Amended Complaint" (filed January 26, 2007) (doc. # 23). Pursuant to the Order of Reference dated September 8, 2006 (doc. # 9) and the memorandum dated January 29, 2007 (doc. # 25), this matter was referred to the Magistrate Judge. Mr. Finley seeks to add "Sheriff Ted Mink of Jefferson County, in his individual and personal capacity" as a Defendant in this civil action. Defendant Correctional Healthcare Management ("CHM") has responded that it does not object to Mr. Finley's request "to name another Defendant." CHM does object to "add[ing] claims against CHM or add[ing] parties associated with CHM." ( See doc. # 32).

As CHM has filed an Answer ( see doc. # 14), Mr. Finley may amend his Complaint "only by leave of court or by written consent of the adverse party. . . ." Fed.R.Civ.P. 15(a). The court may deny a motion to amend a complaint for failure to submit the proposed amendment. See Zaidi v. Ehrlich, 732 F.2d 1218, 1220 (5th Cir. 1984) (district court should have held motion to amend in abeyance pending submission of plaintiff's proposed amendment); Bownes v. City of Gary, Indiana, 112 F.R.D. 424, 425 (N.D. Ind. 1986) ("common sense" dictates that a party seeking leave to amend should accompany his motion with a copy of the proposed amended complaint); Williams v. Wilkerson, 90 F.R.D. 168, 170 (E.D. Va. 1981) (where plaintiff sought leave to amend, a copy of the proposed amended pleading must be attached to the motion). Mr. Finley has not attached a copy of a proposed Amended Complaint.

Accordingly, IT IS ORDERED that Plaintiff Finley's "Motion for Leave to File an Amended Complaint" (filed January 26, 2007) (doc. # 23) is held in abeyance for Mr. Finley to submit a complete copy of his proposed Amended Complaint to the court and to Defendants. Mr. Finley shall submit his proposed Amended Complaint to the court and to Defendants on or before March 15, 2007.