Mbaku et al v. Bank of America, National Association

Filing 36

MINUTE ORDER denying without prejudice 34 Plaintiffs' Motion for Leave to File Amended Complaint Pursuant to Fed. R. Civ. P. 15(a). By Magistrate Judge Kristen L. Mix on 4/12/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00190-PAB-KLM
JOHN M. MBAKU, and
LUVIBIDILA JOLIE LUMUENEMO,
Plaintiffs,
v.
BANK OF AMERICA, NATIONAL ASSOCIATION, successor BAC Home Loans Servicing,
LP, formerly known as Countrywide Home Loans Servicing, LP,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Motion for Leave to File Amended
Complaint Pursuant to Fed. R. Civ. P. 15(a) [Docket No. 34; Filed April 5, 2013] (the
“Motion”). Plaintiffs, who proceed in this matter as pro se litigants, do not provide specific
factual allegations in support of their argument to amend the Complaint, nor do they
provide an Amended Complaint for the Court’s review. See Hinson v. Norwest Fin. South
Carolina, Inc., 239 F.3d 611, 618 (4th Cir. 2001); MDM Group Assoc., Inc. v. Midgett
Realty, Inc., No. 07-cv-02543-WDM-CBS, 2008 WL 2756926, at *2-3 (D. Colo. July 14,
2008) (discussing Rules 15(a) and 20(a)); see also 6 Fed. Prac. & Proc. Civ. § 1479 (3d
ed.) (relationship between Rule 15(a) and other federal rules). Accordingly,
IT IS HEREBY ORDERED that the Motion [#34] is DENIED without prejudice. If
Plaintiffs choose to re-file, they must provide an Amended Complaint for the Court’s review
along with a motion requesting that they be permitted to amend the Complaint. Plaintiffs
are warned, however, that the Court will not permit amendment of any claims that have
already been dismissed from this lawsuit with prejudice.
Dated: April 12, 2013