Betts v. Karrigan et al
ORDER denying without prejudice 24 Plaintiff's Motion for Leave to File Amened Complaint, by Magistrate Judge Kathleen M. Tafoya on 09/18/09.(wjc, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 09cv01705MSKKMT TERRY BETTS, Plaintiff, v. LIZ KARRIGAN, and JOHN E. OREY, Defendants. ORDER This matter is before the court on Plaintiff's "Motion for Leave to File an Amened [sic] Complaint" (Doc. No. 24, filed September 16, 2009). Plaintiff states he wants to amend his complaint to add a fourth claim. 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 he wishes to add an additional claim, 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. 24) is DENIED without prejudice. Dated this 18th day of September, 2009. BY THE COURT:
Kathleen M. Tafoya United States Magistrate Judge
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