Ramos v. Uconn Health et al

Filing 9

ORDER finding as moot 8 Motion to Amend/Correct. See attached order. If Plaintiff wishes to file an Amended Complaint, he must do so within twenty (20) days of this Order, and if he does not file an Amended Complaint within the time specified, the Court will consider only the allegations in the original Complaint. Signed by Judge Victor A. Bolden on 5/8/2017. (Chen, C.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

JOSE E. RAMOS,
Plaintiff,
v.
UNIVERSITY OF CONNECTICUT
HEALTH CENTER, ET AL.,
Defendants.

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Case No. 3:17-cv-326 (VAB)

RULING AND ORDER
Jose Ramos (“Plaintiff”), is incarcerated at the MacDougall-Walker Correctional
Institution in Suffield, Connecticut. He initiated this action by filing a Complaint under 42
U.S.C. § 1983 against the University of Connecticut Health Center, Commissioner Scott Semple,
Warden Carol Chapdelaine, Medical Supervisor John/Jane Smith, Nurse Jane Smith and Dr.
John Smith (collectively, the “Defendants”). ECF No. 1. He now moves for leave to amend the
Complaint. ECF No. 8.
Mr. Ramos’s motion states that he is seeking leave to add new defendants to his case.
See Motion at 1, ECF No. 8. He neither identifies the new defendants, nor describes their
conduct, in his motion. He has also not attached a proposed amended complaint to his motion.
Because the Court has not yet addressed the allegations in the Complaint or ordered the
Complaint to be served on the Defendants and the Defendants have not filed an answer or motion
addressed to the Complaint, Mr. Ramos may amend as of right. See Fed. R. Civ. P. 15(a)(1)
(explaining that a plaintiff may amend his complaint once as of right “within: (A) 21 days after
serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after
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service of a responsive pleading or 21 days after service of a motion” to dismiss, “whichever is
earlier”). Because Mr. Ramos need not seek the Court’s permission to file an amended
complaint, the motion to amend the complaint is denied as moot.
CONCLUSION
The motion to amend the compliant, ECF No. 8, is DENIED as moot. Under Fed. R.
Civ. P. 15(a)(1), Mr. Ramos may file an Amended Complaint once at this stage of the case as a
matter of course. The Amended Complaint must be filed within twenty days of the date of
this order. If Mr. Ramos chooses not to file an Amended Complaint within the time specified,
the Court will consider only the allegations in the original Complaint.
SO ORDERED at Bridgeport, Connecticut, this 8th day of May, 2017.
/s/ Victor A. Bolden
Victor A. Bolden
United States District Judge

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