Shelly v. ADT Securities
Filing
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ORDER re: 10 Letter filed by Tilana Shelly, by Magistrate Judge Kathleen M. Tafoya on 12/4/14. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–00909–KMT
TILANA SHELLY,
Plaintiff,
v.
ADT SECURITIES,
Defendant.
ORDER
This matter is before the court on Plaintiff’s letter to the court [Doc. No. 10].
The court will not act as advocate for a pro se litigant, who must comply with the
fundamental requirements of the Federal Rules of Civil Procedure. Hall v. Bellmon, 935
F.2d 1106, 1110 (10th Cir. 1991). The plaintiff is charged with locating and following
both the Federal Rules of Civil Procedure and the court’s Local Rules which are available
on the court’s website at www.cod.uscourts.gov. These rules require that parties to civil
litigation file motions when they seek relief from the Court. Fed. R. Civ. P. 7(b).
When the Plaintiff reviews the Federal Rules of Civil Procedure she will find that
according to Fed. R. Civ. P. 15(a)(1)(B), a party may amend her complaint one time
without permission of the court by simply filing the amended complaint “if the pleading
is one to which a responsive pleading is required, 21 days after service of a responsive
pleading . . . .” The court’s docket reflects that the Defendant has not been served in the
case and there is no responsive pleading filed. In all other cases, the Rule provides that
the complaint may only be amended “with the opposing party’s written consent or the
court’s leave” which can be obtained by filing a motion and attaching the new proposed
Amended Complaint. Fed. R. Civ. P. 15(a)(2).
Dated this 4th day of December, 2014.
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