Opinion
Civil Action No. 09-cv-01991-WYD-KMT.
November 19, 2010
ORDER
This matter is before the court on Plaintiff's "Motion for Leave to Amend Complaint Fed.R.Civ.Proc." (Doc. No. 113, filed November 18, 2010).
Plaintiff wishes to amend his complaint to add new defendants and claims. This court previously has denied Plaintiff's motions to amend his complaint for failure to submit the proposed amendment. (See Doc. Nos. 41, 103, 108.) Once again, Plaintiff has failed to submit his proposed amended complaint. Instead, he has submitted a document entitled "Motion to Amend Pleading's [sic] to add additional claims F.R.C.P." The document goes into detail about his additional claims and the defendants he wishes to add, but Plaintiff fails to use the Court's Prisoner Complaint form. (See Doc. No. 113 at 2-15.) The Court's local rules require pro se prisoners to "use the forms established by this court to file an action." D.C.COLO.LCivR 8.2A.
Moreover, in his Motion, Plaintiff requests that these new claims and defendants "be concidered [sic] separate from the original complaint's claims, defendants." (Id. at 1.) To the extent Plaintiff wishes to amend his complaint, the court finds his amended complaint is deficient because it is not complete. Instead of including all of the allegations in support of his claims in the amended complaint, Plaintiff includes only the information related to the new claims and new defendants. Plaintiff fails to understand that "an amended complaint supercedes the original complaint and renders the original complaint without legal effect." Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007). To the extent Plaintiff wishes to file a separate action alleging new claims against new defendants, as he states in his motion, Plaintiff is free to file a new complaint or complaints, using the Court's form, naming as defendants the persons he believes are responsible for alleged constitutional violations, along with the filing fee or a motion to proceed in forma pauperis.
Therefore, it is
ORDERED that Plaintiff's Motion for Leave to Amend Complaint Fed.R.Civ.Proc." (Doc. No. 113) is DENIED without prejudice for failure to submit a copy of the proposed amended complaint. Plaintiff is advised that he may file a motion to amend along with a proposed amended complaint that contains all of the defendants and claims he seeks to pursue in this action. Plaintiff shall use the forms provided by the Court. The Clerk of Court is directed to mail a copy of the Prisoner Complaint form to Plaintiff.
Dated this 19th day of November, 2010. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO PRISONER COMPLAINT
Civil Action No. _______________________________________ (To be supplied by the court) ________________________________________________________, Plaintiff, v. ________________________________________________________, ________________________________________________________, ________________________________________________________, ________________________________________________________, ________________________________________________________, ________________________________________________________, ________________________________________________________, Defendant(s). (List each named defendant on a separate line.) ________________________________________________________________________________________________ ________________________________________________________________________________________________A. PARTIES
1. _______________________________________________________________________________________________ (Plaintiff's name, prisoner identification number, and complete mailing address) _______________________________________________________________________________________________ 2. _______________________________________________________________________________________________ (Name, title, and address of first defendant) _______________________________________________________________________________________________ At the time the claim(s) alleged in this complaint arose, was this defendant acting under color of state law? ___ Yes ___ No (CHECK ONE). Briefly explain your answer: _______________________________________________________________________________________________ _______________________________________________________________________________________________ 3. _______________________________________________________________________________________________ (Name, title, and address of second defendant) _______________________________________________________________________________________________ At the time the claim(s) alleged in this complaint arose, was this defendant acting under color of state law? ___ Yes ___ No (CHECK ONE). Briefly explain your answer: _______________________________________________________________________________________________ _______________________________________________________________________________________________ 4. _______________________________________________________________________________________________ (Name, title, and address of third defendant) _______________________________________________________________________________________________ At the time the claim(s) alleged in this complaint arose, was this defendant acting under color of state law? ___ Yes ___ No (CHECK ONE). Briefly explain your answer: _______________________________________________________________________________________________ _______________________________________________________________________________________________ (If you are suing more than three defendants, use extra paper to provide the information requested above for each additional defendant. The information about additional defendants should be labeled "A. PARTIES.")B. JURISDICTION
28 U.S.C. § 1343 42 U.S.C. § 1983 28 U.S.C. § 1331 Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics 403 U.S. 388 1. I assert jurisdiction over my civil rights claim(s) pursuant to: (check one if applicable) _____ and (state prisoners) _____ and , (1971) (federal prisoners) 2. I assert jurisdiction pursuant to the following additional or alternative statutes (if any): _______________________________________________________________________________________________ _______________________________________________________________________________________________C. NATURE OF THE CASE
BRIEFLY state the background of your case. If more space is needed to describe the nature of the case, use extra paper to complete this section. The additional allegations regarding the nature of the case should be labeled "C. NATURE OF THE CASE."D. CAUSE OF ACTION
State concisely every claim that you wish to assert in this action. For each claim, specify the right that allegedly has been violated and state all supporting facts that you consider important, including the date(s) on which the incident(s) occurred, the name(s) of the specific person(s) involved in each claim, and the specific facts that show how each person was involved in each claim. You do not need to cite specific cases to support your claim(s). If additional space is needed to describe any claim or to assert more than three claims, use extra paper to continue that claim or to assert the additional claim(s). The additional pages regarding the cause of action should be labeled "D. CAUSE OF ACTION." 1. Claim One: __________________________________________________________________________________ Supporting Facts: 2. Claim Two: __________________________________________________________________________________ Supporting Facts: 3. Claim Three: ________________________________________________________________________________ Supporting Facts:E. PREVIOUS LAWSUITS
Have you ever filed a lawsuit, other than this lawsuit, in any federal or state court while you were incarcerated? ___ Yes ___ No (CHECK ONE). If your answer is "Yes," complete this section of the form. If you have filed more than one lawsuit in the past, use extra paper to provide the necessary information for each additional lawsuit. The information about additional lawsuits should be labeled "E. PREVIOUS LAWSUITS." 1. Name(s) of defendant(s) in prior lawsuit: ___________________________________________________ 2. Docket number and court name: ___________________________________________________ 3. Claims raised in prior lawsuit: ___________________________________________________ 4. Disposition of prior lawsuit (for example, is the prior lawsuit still pending? Was it dismissed?): ___________________________________________________ 5. If the prior lawsuit was dismissed, when was it dismissed and why? ___________________________________________________ 6. Result(s) of any appeal in the prior lawsuit: ___________________________________________________F. ADMINISTRATIVE RELIEF
1. Is there a formal grievance procedure at the institution in which you are confined? ___ Yes ___ No (CHECK ONE). 2. Did you exhaust available administrative remedies? ___ Yes ___ No (CHECK ONE).G. REQUEST FOR RELIEF
State the relief you are requesting. If you need more space to complete this section, use extra paper. The additional requests for relief should be labeled "G. REQUEST FOR RELIEF."DECLARATION UNDER PENALTY OF PERJURY
I declare under penalty of perjury that I am the plaintiff in this action, that I have read this complaint, and that the information in this complaint is true and correct. See 28 U.S.C. § 1746; 18 U.S.C. § 1621.
Executed on _____________________________ (Date) ______________________________________________ (Prisoner's Original Signature)