McCoy v. CO Dept of Human Services et al

Filing 12

MINUTE ORDER denying as premature 6 and 7 Motions for Appointment of Pro Bono Counsel; denying 8 and 9 Motions to Add a Claim; denying as an improper request 10 Motion for Permission for Electronic Case Filing, by Magistrate Judge Gordon P. Gallagher on 1/16/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00021-GPG
LEILA McCOY, et al.,
Plaintiff,
v.
CO DEPT. OF HUMAN SERVICES,
EL PASO COUNTY DEPT. OF HUMAN SERVICES,
ROSLYN HENCE-RANDALL, Individually and in her Professional Capacity, and
SHIRLEY RUDD, Individually and in her Professional Capacity,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE GORDON P. GALLAGHER
On January 12, 2015, Plaintiff filed two Motions to Add a Claim, ECF Nos. 8 and
9, and two Motions for Appointment of Pro Bono Counsel, ECF Nos. 6 and 7. The
Motions for Appointment of Pro Bono Counsel are denied as premature. The Motions to
Add a Claim are improperly submitted and denied, because “[a]n amended complaint
‘supersedes the pleading it modifies and remains in effect throughout the action unless
it subsequently is modified.’ ” See Hooten v. Ikard Servi Gas, No. 12-2179, 2013 WL
1846840 at *4 (10th Cir. May 3, 2013) (quoting Giles v. United States, 906 F.2d 1386,
1389 (10th Cir. 1990)).
If Plaintiff desires to amend her Complaint, she is directed to submit an Amended
Complaint on a Court-approved form (all sections of the form are to be completed),
which she can find at www.cod.uscourts.gov under “forms.” If Plaintiff fails to file an
Amended Complaint within thirty days the Court will proceed to determine the merits of
only the original Complaint. No further amending will be allowed without a showing of
just cause.
Finally, Plaintiff’s Motion for Permission for Electronic Case Filing, ECF No. 10, is
denied as an improper request. The proper form to register for ECF Account-Pro Se is
located on the United States District Court for the District of Colorado’s website under
“E-Filing (ECF)”.
Dated: January 16, 2015