Calhoun v. Blumenthal et al

Filing 11

PRISCS - RULING and ORDER granting 6 Motion to Amend/Correct; granting 7 Motion to Amend/Correct; granting 8 Motion to Amend/Correct; denying without prejudice as moot 10 Motion for Default Entry 55(a).Plaintiff must file an Amended Complaint by 9/7/2010. Signed by Magistrate Judge Holly B. Fitzsimmons on 8/10/2010. (Simpson, T.) Modified on 8/11/2010 TO EDIT TEXT TO INCLUDE THE DATE THE AMENDED COMPLAINT IS DUE (Simpson, T.).

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

RAYMOND CALHOUN PRISONER CASE NO. 3:10-cv-180 (VLB) v. RICHARD BLUMENTHAL, ET AL. RULING AND ORDER Plaintiff, incarcerated and pro se, has filed three motions for leave to amend the complaint. He seeks to add new Rule

allegations and exhibits in support of these allegations. 15(a), Fed. R. Civ. P. provides that plaintiff may amend his

complaint once as of right before a responsive pleading is filed. Because the defendants have not filed an answer to the complaint, the motions to modify the complaint are granted. The plaintiff did not submit an amended complaint with any of his motions to modify. Thus, he is directed to file an

amended complaint including all claims and requests for relief he seeks to have the court consider and all defendants against whom he seeks relief. See International Controls Corp. v. Vesco, 556

F.2d 665, 668 (2d Cir. 1977), (because amended complaint supersedes original complaint and renders former complaint of no legal effect, amended complaint must contain all claims against defendants and relief requested), cert. denied, 434 U.S. 1014 (1978).

Plaintiff has also filed a motion for default for failure to plead. Because the plaintiff will be filing an amended

complaint, the motion for default is denied without prejudice as moot. Conclusion The Motions to Modify the Complaint [docs. ## 6, 7, 8] are GRANTED. The Motion for Default [doc. # 10] is DENIED without The plaintiff shall filed his amended The Clerk shall send

prejudice as moot.

complaint on or before September 7, 2010.

the plaintiff an Amended Complaint form with a copy of this ruling. SO ORDERED at Bridgeport, Connecticut this 10th day of August, 2010.

/s/ Holly B. Fitzsimmons Holly B. Fitzsimmons United States Magistrate Judge