Toney v. Berkebile et al

Filing 30

ORDER. The 29 Supplemental Complaint is stricken. By Magistrate Judge Boyd N. Boland on 3/25/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00111-PAB-BNB
JOE M. TONEY, JR.,
Plaintiff,
v.
WARDEN BERKEBILE,
A.W. HALL,
A.W. KUTA,
S.I.S. REDDEN,
R. MARTINEZ,
MS. RANGEL,
MS. SUDLOW, and
MR. MADISON,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Supplemental Complaint [Doc. #29, filed
03/21/2013]. The Supplemental Complaint is STRICKEN.
The plaintiff filed his Amended Prisoner Complaint [Doc. #20] (the “Amended
Complaint”) on February 15, 2013. The Amended Complaint asserts four claims. The plaintiff
has filed a “Supplemental Complaint” which asserts a claim against four additional defendants.
The plaintiff may not amend his Amended Complaint by simply filing piecemeal
amendments and supplements. Rather, he must seek leave to amend,1 and the motion to amend

1

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,

must be accompanied by a copy of the entire proposed second amended complaint. The plaintiff
may not incorporate by reference his original Complaint or his Amended Complaint into the
second amended complaint. The second amended complaint must stand alone; it must contain
all of the plaintiff’s claims. Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007) (stating that
“an amended complaint supercedes an original complaint and renders the original complaint
without legal effect”). Accordingly,
IT IS ORDERED that Supplemental Complaint [Doc. # 29] is STRICKEN.
Dated March 25, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

a party may amend its pleading only with the opposing party's written consent or the court's
leave. Id. at 15(a)(2).
2