Prince v. Kent et al

Filing 38

OPINION AND ORDER granting in part 33 Motion to Strike or for an Extension of Time; Plaintiff's Amended Complaint due June 17, 2016; Defendants' Responsive Pleading due July 15, 2016. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES J. PRINCE,
Plaintiff,
Case No. 16-10020
v.
Hon. John Corbett O’Meara
K. KENT, DHS Specialist, et al.,
Defendants.
____________________________/
OPINION AND ORDER
Plaintiff James J. Prince, proceeding pro se, filed his complaint on January
5, 2016, against Michigan Department of Human Services and Genesee County
Department of Human Services, alleging that his request for state disability
assistance was not approved. Plaintiff filed an amended complaint as of right on
January 21, 2016, adding Michigan Governor Richard Snyder and former Flint
Water Director Howard Croft as defendants. Plaintiff alleges that he was exposed
to contaminated Flint water and has suffered from lead poisoning. Plaintiff
contends that this court has jurisdiction pursuant to the Clean Water Act (33 U.S.C.
§ 1365) and 42 U.S.C. § 1983.
The State of Michigan and Governor Snyder filed a motion to dismiss
Plaintiff’s complaint on February 22, 2016. On March 10, 2016, Plaintiff filed a

“third [sic] amended complaint and or opposition” to Defendants’ motion, in which
he provides additional allegations. The State Defendants filed a motion to strike
Plaintiff’s (March 10, 2016) second amended complaint, or the in alternative, for
an extension of time to respond. On May 20, 2016, Plaintiff filed a third amended
complaint combined with his response to Defendants’ motion to strike.
Plaintiff’s second and third amended complaints are not in compliance with
the Federal Rules of Civil Procedure. Plaintiff amended his complaint as of right
on January 21, 2016. Thereafter, Plaintiff is required to seek the consent of
Defendants or permission from the court to file an amended complaint. Fed. R.
Civ. P. 15(a)(2). Plaintiff has done neither. In addition, Plaintiff’s amended
complaint must be a separate document from a response brief, and must include the
entire pleading, not incorporate any prior pleading by reference. See Fed. R. Civ.
P. 7; Local Rule 15.1.
The court is mindful of Plaintiff’s pro se status; nonetheless, Plaintiff is
required to familiarize himself and comply with the Federal Rules of Civil
Procedure and the Local Rules of this court. In order to facilitate the orderly
resolution of this matter, the court will permit Plaintiff to file a proper amended
complaint that is (1) a separate document; and (2) contains all allegations and
claims set forth in his previously filed complaints. Plaintiff is required to obtain
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Defendants’ or the court’s consent prior to filing any subsequent amended
complaint.
IT IS HEREBY ORDERED that Plaintiff shall file an amended complaint by
June 17, 2016. Defendants shall file an answer or responsive pleading by July 15,
2016.
IT IS FURTHER ORDERED that Defendants’ motion to strike or for an
extension of time is GRANTED IN PART, consistent with this opinion and order.

s/John Corbett O’Meara
United States District Judge
Date: June 7, 2016

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, June 7, 2016, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager

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