Vializ v. Dzurenda et al

Filing 11

PRISCS - RULING AND ORDER denying 7 Motion for copy of medical records. Signed by Judge Robert N. Chatigny on 5/19/11. (Corriette, M.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DAVID VIALIZ,

:

Plaintiff,
V.

:
:
:

JAMES DZURENDA, et al.,

:

Defendants.

PRISONER
CASE NO. 3:11-CV-59 (RNC)

:
RULING AND ORDER

On February 26, 2011, the Court filed its Initial Review
Order dismissing the claims against all defendants except Nurse
Dolan.

In response, the plaintiff has filed two motions to

“re-submit defendants,” which seek leave to amend the complaint
to revise claims against the dismissed defendants and add new
defendants.
The plaintiff may amend his complaint once, as of right,
until twenty-one days after the defendants respond to the
complaint.

Fed. R. Civ. P. 15(a)(1).

have not responded.

To date, the defendants

Thus, the time for amendment as of right has

not passed.
An amended complaint does not simply add information to the
original complaint.
complaint.

It completely replaces the original

Thus, plaintiff must file a complete amended

complaint naming all defendants in the case caption and including
all claims and requests for relief.

See International Controls

Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1977), cert. denied,
434 U.S. 1014 (1978).

The motions to re-submit defendants [docs.

## 5, 6] are DENIED.
In addition, plaintiff asks the Court to order the
defendants to provide him with a copy of his medical records from
another correctional facility.

If he requires information in his

medical records to litigate this case, he can seek a copy through
the discovery process.

The plaintiff’s motion for a copy of his

medical records [doc. #7] is DENIED.
Plaintiff will have 30 days from the date of this order to
submit an amended complaint.
So ordered this 19th day of May 2011

/s/
Robert N. Chatigny
United States District Judge

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