Escobar v. Foster et al

Filing 21

MINUTE ORDER denying without prejudice 18 Motion for Leave to Amend, by Magistrate Judge Kristen L. Mix on 4/10/2012.(jjpsl, ) Modified on 4/10/2012 to correct text (jjpsl, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00489-CMA-KLM
JOSE MEDINA ESCOBAR,
Plaintiff,
v.
ASSOCIATE WARDEN S. FOSTER,
DEPUTY DIRECTOR L. REID,
MAJOR L. MAIFELD,
LIEUTENANT L. TRAVIS,
LIEUTENANT TEDEMANN,
LIEUTENANT BURKE,
CAPTAIN PADILLA,
CAPTAIN D. WILLIAMS,
SERGEANT MARQUEZ,
SERGEANT MONTGOMERY,
SERGEANT KELEMAN,
SERGEANT HAWKINS,
SERGEANT FRETWELL,
C/O CALDARONELLO,
C/O P. ARCHULETA,
C/O ALANIS,
C/O AURITI,
C/O SAUCIDO,
C/O KITCHEN,
C/O S. HARTUNG,
C/O MONTANEZ,
C/O B. TETRICK, and
C/O VERSTEEGH,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to Amend [Docket
No. 18; Filed April 9, 2012] (the “Motion”).
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IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE.
Although Plaintiff proceeds pro se in this matter, he is obligated to comply with the same
rules of procedure that govern all litigants. See Green v. Dorrell, 969 F.2d 915, 917 (10th
Cir. 1992). Plaintiff cites to Fed. R. Civ. P. 15(a) in support of his request; however, the
Court construes Plaintiff’s Motion as seeking permission to file a supplemental pleading,
thus the Court finds that Rule 15(d) is the applicable Rule. Although Rule 15(d) permits the
filing of supplemental pleadings “on just terms,” the Court finds that just terms are not
present at this early stage of the case. If Plaintiff seeks to add claims regarding events
occurring after the filing of his Complaint [#1], which is the operative pleading, Plaintiff must
submit one proposed Amended Complaint for the Court’s review, in the interests of judicial
efficiency and clarity of the docket.
Dated: April 10, 2012

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