Knight v. Davis et al (INMATE1)

Filing 23

ORDER denying 22 Motion to Amend, as further set out in order. Signed by Honorable Susan Russ Walker on 8/12/09. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TOMMY DEWAYNE KNIGHT, Plaintiff, v. KEVIN DAVIS, et al., Defendants. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09-CV-365-WHA [WO]

ORDER ON MOTION On August 12, 2009, the plaintiff filed a motion to amend (Court Doc. No. 22) in which he seeks to present claims against an additional individual and challenge the constitutionality of his current medical treatment. This motion is not filed within the time allowed by the court. Order of April 29, 2009 - Court Doc. No. 8 at 5 ("All amendments to the complaint and/or motions to amend must be filed within ninety (90) days of this order...."). Accordingly , it is ORDERED that the motion to amend be and is hereby DENIED. The plaintiff is advised that if he seeks to present claims to this court with respect to the medical treatment he is now receiving he may do so by filing a separate 42 U.S.C. § 1983 action. Done this 12th day of August, 2009.

/s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE