Magluta v. Federal Bureau of Prisons

Filing 21

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 03/25/16 DENYING without prejudice 18 Motion for Leave to File Amended Complaint. IT IS FURTHER ORDERED that the Amended Complaint [#20] is STRICKEN.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02203-RM-KLM
SALVADOR MAGLUTA,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS,
CHARLES DANIELS, Warden at U.S.P. Florence,
THERESA NEHLS, Nurse Practitioner, F.C.C. Florence,
DAVID ALLRED, Clinical Director, F.C.C. Florence,
LISA MCDERMOTT, A.H.S.A., F.C.C. Florence,
F.N.U. SANTINI,
F.N.U. WISE, and
JOHN DOES, BOP Staff Florence,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to File Amended
Complaint [#18] (“Motion”). Plaintiff’s counsel has not conferred with Defendants or
counsel for Defendants, stating that “Defendants are not yet represented so they are
unable to take any position in this matter.” D.C.COLO.LCivR 7.1(a) provides as follows:
Before filing a motion, counsel for the moving party or an unrepresented
party shall confer or make reasonable good faith efforts to confer with any
opposing counsel or unrepresented party to resolve any disputed matter.
The moving party shall describe in the motion, or in a certificate attached to
the motion, the specific efforts to fulfill this duty.
(emphasis added). In addition, Plaintiff’s counsel has filed an Amended Complaint as a
separate document rather than attaching a proposed amended complaint to the Motion
showing the alterations. Amended Complaint [#20]. Accordingly,
IT IS HEREBY ORDERED that the Motion [#18] is DENIED WITHOUT PREJUDICE.

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IT IS FURTHER ORDERED that the Amended Complaint [#20] is STRICKEN.
Counsel for Plaintiff is advised that all future motions for leave to amend a pleading
must comport with D.C.COLO.LCivR 15.1(b).

Dated: March 25, 2016

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