Horton v. Rangel et al

Filing 14

ORDER : re: 11 Amendment to complaint filed by Willie Horton is accepted for filing, by Magistrate Judge Boyd N. Boland on 3/22/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No. 12-cv-00349-REB-BNB
WILLIE HORTON,
Plaintiff,
v.
P. RANGEL, Unit Manager,
D. FOSTER, Counselor, and
A. FENLON, Case Manager,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Amendment to Complaint [Doc. #11, filed
03/08/2012] (the “Amendment”). The Amendment is accepted for filing.
The plaintiff has submitted a supplement to his Complaint which provides additional
allegations regarding a claim that has been dismissed. See Order to Dismiss in Part and to Draw
in Part to District Judge and Magistrate Judge [Doc. #7].
Rule 15, Fed.R.Civ.P., provides that a complaint may be amended once as a matter of
course within 21 days after serving it, or “if the pleading is one to which a responsive pleading is
required, 21 days after service of a responsive pleading or 21 days after service of a motion
under Rule 12(b), (e), or (f), whichever is earlier.” Fed.R.Civ.P. 15(a)(1). “In all other cases, a
party may amend its pleading only with the opposing party's written consent or the court's leave.
The court should freely give leave when justice so requires.” Id. at 15(a)(2).
Because the plaintiff is currently incarcerated by the Federal Bureau of Prisons, the
United States Marshal has been provided with the appropriate forms to serve the defendants

[Doc. #9]. However, the defendants have not yet been served with the Complaint. Therefore,
the plaintiff may amend his pleading as a matter of course.
I generally do not allow a plaintiff to amend a complaint by filing piecemeal amendments
and supplements. Rather, the plaintiff must file the entire proposed amended complaint. In this
case, however, it appears that allowing the amendment is the most efficient way to proceed.
Accordingly,
IT IS ORDERED that the Amendment is accepted for filing.
Dated March 22, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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