Rodriguez-Aguirre v. USA

Filing 40

MINUTE ORDER; 39 Plaintiffs Motion for Leave to Amend Complaint to Restate Claim One Pursuant to Federal Rules [sic] of Civil Procedure15(a) is DENIED without prejudice, by Magistrate Judge Kristen L. Mix on 9/29/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00465-KLM
GABRIEL RODRIGUEZ-AGUIRRE,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to Amend
Complaint to Restate Claim One Pursuant to Federal Rules [sic] of Civil Procedure
15(a) [#39]1 (the “Motion”). On September 14, 2015 the Court denied without prejudice
Plaintiff’s Motion to Clarify Allegations of the Complaint and/or Leave to Amend [#37] and
informed Plaintiff that if he
is seeking leave to file an Amended Complaint, he must file a motion which
complies with the federal and local rules, namely, Fed. R. Civ. P. 15, and
which includes the proposed Amended Complaint as a document separate
from the Motion. The Court will not permit piecemeal adjudication of
Plaintiff’s case, thus Plaintiff must include all claims he seeks to bring and
defendants he intends to name in the proposed Amended Complaint.
Minute Order [#38] at 1. Plaintiff filed the Motion in response to that Minute Order. In the
Motion, Plaintiff requests “leave to file an amended complaint pursuant to Fed. R. Civ. P.
15(a).” Motion [#39] at 1. Plaintiff attaches a document to the Motion titled Amended
Complaint to Restate Claim One Pursuant to Federal Rules of Civil Procedures 15(a). See
generally Motion, Ex. 1 [#39-1]. However, the attachment is not a complete proposed
amended complaint. Instead the attachment provides amendments to the existing
Complaint [#1]. As the Court previously informed Plaintiff, “[t]he Court will not permit

1

“[#39]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Minute Order.

1

piecemeal adjudication of Plaintiff’s case.” Minute Order [#38] at 1. If Plaintiff wishes to
amend his Complaint, he must file a proposed Amended Complaint. This proposed
Amended Complaint must include all of Plaintiff’s claims against all Defendants. In short,
it must be a stand-alone document that is not making textual edits to any other document.
This is because if the proposed Amended Complaint is accepted by the Court, it will
become the operative pleading and entirely replace the previously filed Complaint, which
will no longer be relied on by the Court or the parties. Accordingly,
IT IS HEREBY ORDERED that the Motion [#39] is DENIED without prejudice. If
Plaintiff, who proceeds in this matter pro se, is seeking leave to file an Amended Complaint,
he must file a motion which complies with the federal and local rules, namely, Fed. R. Civ.
P. 15, and which includes the proposed Amended Complaint as a document separate from
the Motion.
Dated: September 29, 2015

2