Gibson v. Campbell et al

Filing 243

MINUTE ORDER denying without prejudice 241 Motion for Leave to File an Amended Complaint. The Clerks Office is directed to mail to Plaintiff another copy of the prisoner complaint form used in this District by Magistrate Judge Kristen L. Mix on 11/17/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-00983-WYD-KLM
WELLMAN E. GIBSON,
Plaintiff,
v.
ANNA MARIE CAMPBELL,
C. HOLST, AIC,
SHIRLEY STEINBECK,
MARSHALL GRIFFITH,
LT. STEINBECK, and
DOCTOR AASEN,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter comes before the Court on Plaintiff’s Motion for Leave to File an
Amended Complaint [Docket No. 241; Filed November 16, 2011] (the “Motion”).
Construing Plaintiff’s Motion liberally as it must, the Court concludes that Plaintiff seeks to
add “mental disability” to his Amended Prisoner Complaint [#37]. However, Plaintiff
provides little factual support or allegations related to this proposed amendment, and
Plaintiff did not include a proposed Second Amended Prisoner Complaint, on the
appropriate prisoner litigation form, separately from his Motion. Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE. If
Plaintiff is seeking leave to file a Second Amended Complaint, he must file a motion which
complies with the federal and local rules and which includes the proposed Second
Amended Complaint as a document separate from the motion. Furthermore, the proposed
Second Amended Complaint must be submitted on the appropriate prisoner litigation form.
D.C.COLO.LCivR 8.2A. Plaintiff is warned that the proposed Second Amended Complaint
must not contain any previously dismissed claims or defendants. Any proposed Second
Amended Complaint which does not comply with this Minute Order will be summarily
stricken.
The Clerk’s Office is directed to mail to Plaintiff another copy of the prisoner
complaint form used in this District.
Dated: November 17, 2011