McMillan v. Wiley et al

Filing 85

MINUTE ORDER denying without prejudice 83 Motion for Leave to file Amended Complaint by Magistrate Judge Kristen L. Mix on 04/11/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-01709-WYD-KLM
SHANE MCMILLAN
Plaintiff,
v.
WILEY,
FOX,
JONES,
JAVERNICK,
COLLINS,
FENLON,
MADISON,
NALLEY,
WATTS,
LAPPIN, and,
DAVIS,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to File Amended
Complaint [Docket No. 83; Filed April 8, 2011] (the “Motion”). In order to consider the
merits of the Motion, the Court requires that a proposed amended pleading be attached to
the Motion. None has been attached here. Moreover, at the time of the Motion’s filing,
Defendants’ position was unknown.
IT IS HEREBY ORDERED that the Motion is DENIED without prejudice. Plaintiff
may re-assert the Motion with an attached proposed amended pleading. Any future Motion
of this nature shall contain a supplemental certificate of conferral pursuant to
D.C.COLO.LCivR 7.1A. indicating whether, after conferral, Plaintiff has obtained
Defendants’ position and noting such position.
Dated: April 11, 2011