Eller v. Tonche et al
MINUTE ORDER denying without prejudice 28 [Second] Motion to Amend Complaint, by Magistrate Judge Michael E. Hegarty on 1/20/2016.(slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02693-REB-MEH
WILLIAM B. ELLER,
SARAH DARULA, and
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 20, 2016.
Plaintiff’s [Second] Motion to Amend Complaint [filed January 19, 2016; docket #28] is
denied without prejudice for the same reasons articulated in the Court’s minute order regarding
Plaintiff’s first request to amend the complaint. The Court repeats the details of that minute order
Because an amended complaint takes the place of a complaint, the Court will not
allow Plaintiff to file what essentially amounts to two complaints he asks the Court
to consider together. See Franklin v. Kansas Dep’t of Corr., 160 F. App'x 730, 734
(10th Cir. 2005) (“An amended complaint supersedes the original complaint and
renders the original complaint of no legal effect.”) (citing Miller v. Glanz, 948 F. 2d
1562, 1565 (10th Cir. 1991)); see also Robinson v. Dean Foods Co., No. 08-cv01186-REB-CBS, 2009 WL 723329, at *4 (D. Colo. Mar. 18, 2009) (citation
omitted) (“Generally, when an amended complaint is filed, the previous complaint
is wiped out and the operative complaint is the most recently filed version.”). Thus,
should Plaintiff wish to add parties, he must file an amended complaint that restates
all his claims and names all parties, including those formerly named and those he
now wishes to add.
See docket #24. With the current Motion, Plaintiff files a mere continuation of his Complaint,
adding new parties but not providing the Court with a full copy of an amended complaint listing all
parties and all details and claims Plaintiff desires to be contained in this lawsuit. Pursuant to
Franklin, a properly filed amended complaint will take the place of the Complaint; therefore, any
amended complaint submitted must include all of the information Plaintiff wants to be considered
in the lawsuit – in one document that does not refer to the earlier Complaint. Plaintiff’s current
Motion fails to accomplish that.
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