Muhammad v. Arizona Department of Corrections et al

Filing 23

ORDER granting Plaintiff's 22 Motion for Leave to Amend Complaint; Plaintiff shall file a "clean" Second Amended Complaint that mirrors identically what he filed in Doc.22 without any underlining or lines through stricken language wi thin 14 days from the date of this Order; no additional information may be added; once the Court has received the Second Amended Complaint, the Court shall screen the Complaint pursuant to 28 U.S.C. § 1915A(a). Signed by Magistrate Judge Lawrence O Anderson on 7/17/12. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Riki Rashaad Muhammad,

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Plaintiff,
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vs.
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Arizona Department of Corrections, et al.,)
Defendants.
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No. CV-11-1890-PHX-SMM-LOA
ORDER

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This matter is before the Court on Plaintiff’s “Motion for Leave to Amend
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Complaint” filed on June 21, 2012. (Doc. 22)
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Plaintiff commenced his action on September 26, 2011, pursuant to 42 U.S.C. § 1983.
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(Doc. 1) The Court dismissed the Complaint with leave to amend on November 15, 2011,
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for failure to state a claim. (Doc. 7) Plaintiff submitted his First Amended Complaint on
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December 16, 2011, doc. 9, and ultimately, the Court ordered service of the First Amended
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Complaint on Defendant Aames and dismissed the remaining Defendants and claims. (Doc.
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12) Thereafter, on April 12, 2012, and again on May 29, 2012, Plaintiff sought leave to
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amend and/or correct his First Amended Complaint. (Docs. 13, 17) The Court denied both
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of Plaintiff’s Motions because neither complied with the Local Rules of Civil Procedure
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(“LRCiv”) 15.1. (Docs. 14, 20)
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As stated in the prior Orders, because Plaintiff has previously amended his Complaint,
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he needs leave to further amend his Complaint. Fed.R.Civ.P. 15. Rule 15(a) of the Federal
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Rules provides that leave to amend should be freely given “when justice so requires.” This,

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however, does not relieve Plaintiff from his responsibility to additionally comply with the

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Local Rules.

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It appears that Plaintiff has complied with the Local Rules in his most recent attempt

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to amend his Complaint. Consistent with LRCiv 15.1, Plaintiff’s Amended Complaint

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indicates how it differs from the pleading it is amending by delineating in the text what is

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to be deleted and by underlining what is to be added. The Court will direct the Plaintiff to

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file a “clean” copy of the Second Amended Complaint with the Clerk of Court. It shall be

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identical to the version submitted in doc. 22, without any underlining or lines through

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stricken language. It shall stand alone as its own document.

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Accordingly,

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IT IS ORDERED that Plaintiff’s Motion for Leave to Amend Complaint, doc. 22,

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is GRANTED.

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IT IS FURTHER ORDERED that Plaintiff shall file a “clean” Second Amended

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Complaint that mirrors identically what he filed in Doc.22 without any underlining or lines

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through stricken language within fourteen (14) days from the date of this Order. No

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additional information may be added. Once the Court has received the Second Amended

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Complaint, the Court shall screen the Complaint pursuant to 28 U.S.C. § 1915A(a).

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Dated this 17th day of July 2012.

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