Calbart v. Colorado Dept of Corrections et al

Filing 38

MINUTE ORDER: DENYING without prejudice 35 Plaintiff's Motion For Leave to File an Ameded [sic] Complaint, as set forth in the order, by Magistrate Judge Michael J. Watanabe on 3/9/2015. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02220-MJW
ERNIE L CALBERT,
Plaintiff,
v.
TRISHA KAUTZ, N.P., In Her Individual Capacity,
Defendant.

MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
This matter is before the Court on Plaintiff’s Motion For Leave to File an Ameded
[sic] Complaint (Docket No. 35). On March 2, 2016, the Court denied a previously filed
motion and informed Plaintiff:
D.C.COLO.LCiv R 15.1 [ ] requires that a motion to amend a complaint
filed pursuant to Fed. R. Civ. P. 15 include as an attachment the proposed
second amended complaint. Plaintiff cannot amend portions of his
Amended Complaint without filing a motion requesting permission to
amend that attaches a proposed second amended complaint reflecting
those changes. The proposed second amended complaint must include
all allegations against all defendants, all claims, and all requests for relief.
(Docket No. 33 at 1.) The instant motion fails for the same reason. In it Plaintiff simply
informs the Court that he has learned the name of a defendant previously named as a
John Doe. Notably, there are no John Doe defendants named in the Amended
Complaint (Docket No. 12). If Plaintiff would like to amend his Amended Complaint
(Docket No. 12), he must file a motion that complies with all applicable rules.
Accordingly, it is hereby ORDERED that Plaintiff’s Motion For Leave to File an Ameded
[sic] Complaint (Docket No. 35) is DENIED without prejudice.
Date: March 9, 2016

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