Schneider v. Cooper et al

Filing 42

ORDER denying without prejudice 40 Plaintiffs Motion to Amend the Amended Prisoner Complaint by Magistrate Judge Kathleen M. Tafoya on 03/24/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 08-cv-01856-REB-KMT JAMES JOSEPH SCHNEIDER, Plaintiff, v. ELAINE COOPER, L.P.C., DAVID NEWCOMB, C.A.C., III, LORI LAMM-SWANSON, L.P.C., and VICKI RODGERS, Defendants. ORDER This matter is before the court on "Plaintiff's Motion to Amend the Amended Prisoner Complaint" (Doc. No. 40, filed March 24, 2009). The Federal Rules of Civil Procedure provide that a party may amend a pleading by leave of court, and that leave shall be given freely when justice so requires. Fed. R. Civ. P. 15(a). Although the federal rules permit and require liberal construction and amendment of pleadings, the rules do not grant the parties unlimited rights of amendment. A motion to amend may be denied on the grounds of undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, or futility of amendment. Foman v. Davis, 371 U.S. 178, 182 (1962). When seeking leave of the court to amend a complaint, the motion to amend must detail the proposed amendments and the reasons why such amendments are necessary. In addition, the

plaintiff must attach the proposed amended complaint to the motion. The proposed amended complaint must stand alone; it must contain all of the plaintiff's claims. Here, the plaintiff does not detail why the exhibits he wishes to include with his complaint are necessary, nor does he attach a proposed amended complaint to his motion. As a result, it is impossible to determine if the proposed amendment is permissible. Therefore, it is ORDERED that Plaintiff's motion (Doc. No. 40) is DENIED without prejudice. Dated this 24th day of March, 2009. BY THE COURT:

Kathleen M. Tafoya United States Magistrate Judge

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