Opinion
Civil Action No. 05-cv-01831-PSF-CBS.
November 10, 2005
ORDER
This civil action comes before the court on: (1) Rainge El's "Motion to Amend Prisoner's Complaint" (filed November 9, 2005) (doc. # 9); and (2) Rainge El's "Motion for Subpoena of CDOC Documentary" (filed November 8, 2005 (doc. # 10). Pursuant to the Order of Reference dated November 9, 2005 (doc. # 11) and the memoranda dated November 10, 2005 (docs. # 12 and # 13), the motions were referred to the Magistrate Judge. The court has reviewed the motions, the entire case file, and the applicable law and is sufficiently advised in the premises.
First, a "party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served. . . ." Fed.R.Civ.P. 15(a). Here, no responsive pleading has yet been filed. See Fed.R.Civ.P. 7(a). However, 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). While Rainge El has described what he wishes to add to his Complaint, he has not attached a copy of a complete proposed Amended Complaint.
Second, Rainge El seeks a subpoena for documents allegedly in the possession of the Colorado Department of Corrections. Rainge El's request is premature. The court will address the issuing of subpoenas at a later time in the case, as necessary.
Accordingly, IT IS ORDERED that:
1. Range El's "Motion to Amend Prisoner's Complaint" (filed November 9, 2005) (doc. # 9) is DENIED without prejudice, with leave for Rainge El to submit a complete proposed Amended Complaint.
2. Range El's "Motion for Subpoena of CDOC Documentary" (filed November 8, 2005 (doc. # 10) is DENIED as premature.