Amawi v. Federal Bureau of Prisons et al

Filing 22

ORDER DENYING WITHOUT PREJUDICE 20 MOTION for Leave to File filed by Mohammad Zaki Amawi. GRANTING 21 MOTION to Copy MOTION Status of Case filed by Mohammad Zaki Amawi. Set/Reset Deadlines as to 16 MOTION to Dismiss or for Summary Judgment.( Responses due by 12/20/2013). Signed by Magistrate Judge Donald G. Wilkerson on 11/22/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MOHAMMAD ZAKI AMAWI,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS,
Defendant.

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Case No.3: 13-cv-536-GPM-DGW

ORDER
WILKERSON, Magistrate Judge:
This matter is before the Court on the Motion for Leave to file Amended Complaint (Doc.
20) and the Motion for Copies and Status (Doc. 21) filed by Plaintiff, Mohammad Zaki Amawi, on
October 1, 2013 and November 20, 2013, respectively. For the reasons set forth below, the
Motion to Amend is DENIED WITHOUT PREJUDICE and the Motion for Copies and Status is
GRANTED.
Plaintiff has submitted a proposed Amended Complaint in which he appears to indicate
that he submitted 120 Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et seq., requests to
the Bureau of Prisons and the Department of Justice. The proposed Amended Complaint does not
comply with Local Rule 15.1 in that the new material is not underlined. In addition, the proposed
Amended Pleading appears to be a response to the Motion to Dismiss or for Summary Judgment
filed by Defendant on August 9, 2013 (to which Plaintiff has not responded despite being granted
additional time, until November 15, 2013, to respond). Plaintiff may refile his Motion to Amend
the Complaint and submit a proposed amended pleading that complies with Local Rule 15.1.
Plaintiff is informed that the Court will construe Defendant’s Motion as one for summary
judgment and that he must respond or face the consequences outlined in this Court’s August 28,

2013 Notice and Order (Doc. 17). It is not sufficient for Plaintiff to merely attempt to file an
amended pleading: he must file a response.
Plaintiff also states that he filed a second motion for extension of time to respond to the
Defendant’s Motion. However, no such second motion has been docketed by the Clerk. In any
event, Plaintiff is granted until December 20, 2013 to respond to the Motion for Summary
Judgment. The Clerk is DIRECTED to send to Plaintiff a copy of the docket sheet along with
this Order.
IT IS SO ORDERED.
DATED: November 22, 2013
DONALD G. WILKERSON
United States Magistrate Judge

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