SINN v. MOYE et al

Filing 53

Entry - Discussing Motion to Amend ; Mr. Sinn's motion to amend complaint [dkt 49] is denied. Because an amended complaint will not be permitted, Mr. Sinn's motion for service of process [dkt 50] is also denied. Signed by Judge Tanya Walton Pratt on 7/26/2013. Copy Mailed (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DYLAN REED SINN,
Plaintiff,
vs.
OFFICER MOYE and OFFICER
CRAIG BARNETT,

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Case No. 1:11-cv-1401-TWP-TAB

Entry Discussing Motion to Amend
Plaintiff Dylan Sinn’s complaint was filed on October 19, 2011, and was screened on
December 12, 2011. Mr. Sinn then filed the present motion to amend on June 19, 2013.
The orderly development and eventual resolution of this action depends on it moving
forward, not backward. In Sanders v. Venture Sotres, Inc., 56 F.3d 771 (7th Cir. 1995), the court
cited a number of its published decisions which had affirmed the denial of a motion to amend
after the filing, briefing or decision of a motion for summary judgment. The principal basis of the
court’s decisions in these cases was unwarranted delay and the burden an amended complaint
would bring to the litigation. Those features are conclusive here, as well, where the motion to
amend in this action arrived a year and a half after the Court’s original screening Entry and at a
time in which the parties are expected to be working toward resolution of the action. Further, the
motion fails to comply with Local Rule 15-1. This rule requires a motion to amend to include a
copy of the proposed amended pleading. “Amendments to a pleading must reproduce the entire
pleading as amended.” Local Rule 15-1.

Based on the foregoing, therefore, Mr. Sinn’s motion to amend complaint [dkt 49] is
denied. Because an amended complaint will not be permitted, Mr. Sinn’s motion for service of
process [dkt 50] is also denied.
IT IS SO ORDERED.

07/26/2013
Date: _________________
Distribution:
Dylan Reed Sinn
DOC #123644
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064
Electronically Registered Counsel

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana