Brooks v. Oba et al

Filing 65

ORDER by Magistrate Judge Craig B. Shaffer on 11/26/14 DENYING without prejudice 61 Plaintiff's Motion To File an Amended Complaint. The Clerk is directed to mail a Prisoner Complaint Form 1983 to Mr. Brooks.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02894-CBS
JASON BROOKS,
Plaintiff,
v.
DAVID OBA,
PATRICK BLAKE,
ANGIE TURNER,
CORRECTIONS CORPORATION OF AMERICA,
DEBRA FOSTER,
JULIE RUSSELL,
KATHY HOWELL,
TIM CREANY,
DAVID TESSIERE,
and
DOLORES MONTOYA,
Defendants.

ORDER REGARDING PLAINTIFF’S MOTION TO AMEND

Magistrate Judge Shaffer
This matter comes before the court on a Motion to File an Amended Complaint by
Plaintiff Jason Brooks (doc. #61) filed on November 12, 2014. This court instructed Plaintiff in
an Order dated October 17, 2014 (doc. #59), that he could file a Second Amended Complaint for
the limited purpose of adding Ms. Sicotte as a defendant, supplementing the Eighth Amendment
medical claim as to Defendant Tessiere, and amending his Eighth Amendment medical claim as
to why he required a meal pass after he began receiving his medical diet plus supplements. The
October 17 Order also terminated Defendants Cline, Archuletta, Wager, Raemisch, and the
Colorado Department of Corrections from this action. (See Doc. #59).
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Plaintiff’s Motion to Amend is unnecessary given the October 17 Order and is therefore
denied without prejudice. Plaintiff is instructed to file a Second Amended Complaint on a
separate Prisoner Complaint Form 1983 by December 29, 2014, and is reminded to limit the
Complaint to the permissible amendments as directed by the October 17 Order.
Accordingly, it is
ORDERED that Plaintiff’s “Motion to File an Amended Complaint” (doc. #61) is
DENIED without prejudice. The Clerk is directed to mail a Prisoner Complaint Form 1983 to
Mr. Brooks.
DATED at Denver, Colorado, this 26th day of November, 2014.
BY THE COURT:

s/Craig B. Shaffer_________
United States Magistrate Judge

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