Santiago v. Whidden et al
ORDER denying 11 Motion to Amend/Correct, 13 Motion for Preliminary Injunction, and 14 Motion to Amend/Correct Plaintiff's complaint. See attached order. SO ORDERED. Signed by Judge Vanessa L. Bryant on July 19, 2011. (Butler, Ayanna)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JAIME C. SANTIAGO,
WHARDEN WHIDDEN, et al.,
CASE NO. 3:10-cv-1839 (VLB)
July 19, 2011
RULING DENYING PLAINTIFF’S MOTIONS TO AMEND THE COMPLAINT [DOC. 11,
13, AND 14] AND ORDER TO RE-FILE AN AMENDED COMPLAINT IN
ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE WITHIN
The plaintiff has filed three motions to amend his complaint. The first
motion included a purported proposed amended complaint. This document,
captioned both an amended complaint and a brief on motion for leave to file an
amended complaint [Doc. 11], includes legal argument and does not contain a
“short and plain statement of the plaintiff’s claim” as required by Rule 8(a)(2),
Fed. R. Civ. P. In addition, the plaintiff includes only defendants Whidden,
Faneuff and Regan in the case caption, suggesting that he intends to withdraw all
claims against the remaining defendants, Dolan and Harrisson. In the second
motion, the plaintiff seeks to amend his request for injunctive relief [Doc. 13]. In
the third motion, the plaintiff asks to include another claim [Doc. 14]. The plaintiff
has not submitted a proposed second amended complaint with the second or
third motions. The defendants have not responded to any of the plaintiff’s
The court should grant leave to amend when justice so requires. Fed. R.
Civ. P. 15(a)(2). Underlying this rule is an assumption that the amended
complaint will clarify or amplify the original cause of action. See Klos v. Haskell,
835 F. Supp. 710, 715 n.3 (W.D.N.Y. 1993), aff’d, 48 F.3d 81 (2d Cir. 1995). The two
motions to amend do not clarify the claims in this action.
Accordingly, the motions [Docs. ##11, 13, 14] are DENIED without
prejudice. The plaintiff is afforded an opportunity to file an amended complaint
including all of the claims he intends to pursue in this action. He must include in
the case caption the names of all defendants he intends to sue in this case and
briefly describe the facts supporting his claims. The plaintiff should not include
legal argument in the amended complaint. The plaintiff must file the amended
complaint within thirty (30) days from the date of this order. Failure to file an
amended complaint within the time specified will result in this case proceeding
on the claims in the original complaint only. The Clerk is directed to send the
plaintiff an amended complaint form with this order.
IT IS SO ORDERED.
Vanessa L. Bryant
United States District Judge
Dated at Hartford, Connecticut: July 19, 2011.
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