Burton v. Hoskins et al

Filing 62

MEMORANDUM AND ORDER re: 61 MOTION for Extension of Time to Complete Discovery filed by Plaintiff Victor Ray Burton, 53 MOTION to Amend/Correct 1 DCM Complaint, filed by Plaintiff Victor Ray Burton, 57 MOTION to Compel filed by Plaint iff Victor Ray Burton, 55 MOTION to Compel filed by Plaintiff Victor Ray Burton. IT IS HEREBY ORDERED that plaintiff's Motion to Amend Complaint (#53) is granted in part; IT IS FURTHER ORDERED that the Clerk of Court shall provide to plaint iff, along with a copy of this Order, a blank complaint form for the filing of a prisoner civil rightscomplaint; IT IS FURTHER ORDERED that plaintiff shall file an amended complaint, in accordance with the instructions set forth above, no later than May 2, 2013; IT IS FURTHER ORDERED that plaintiff's two Motions to Compel (#55, #57) are DENIED; IT IS FURTHER ORDERED that defendant Heather Annesser is DISMISSED without prejudice; IT IS FURTHER ORDERED that plaintiff's Motion to Extend D iscovery Deadline (#61) is GRANTED in part, and that plaintiff shall have until April 23, 2013 by which to serve upon defendants his final discovery requests; and IT IS FINALLY ORDERED that the deadline for dispositive motions in this case shall be extended to June 24, 2013. (Discovery Completion due by 4/23/2013, Dispositive Motions due by 6/24/2013.) Signed by District Judge Stephen N. Limbaugh, Jr on 4/2/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
VICTOR R. BURTON,
Plaintiff,
v.
BRYAN HOSKINS, et al.,
Defendants.

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Case No. 1:10CV165 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s Motion to Amend Complaint (#53),
plaintiff’s two Motions to Compel (#55, #57), and plaintiff’s Motion to Extend Discovery
Deadline (#61).
I.

Motion to Amend
Plaintiff filed a three-page motion to amend his complaint. He seeks to add allegations

and defendants, and he also seeks to correct the names of defendants already named in the
complaint. It appears as though plaintiff is attempting to amend his complaint by interlineation,
or requesting that the Court add additional claims to this action without providing the Court with
a pleading which includes all claims he wishes to pursue in this action.
Although the Court will allow plaintiff leave to amend his complaint, it will not accept
plaintiff’s attempts to amend by interlineation. All claims in an action must be included in one,
centralized complaint form. Plaintiff is required to submit his amended complaint on a courtprovided form. Plaintiff must clearly state the defendants which he is pursuing allegations
against, and he must articulate, for each of those defendants, the factual circumstances

surrounding their alleged wrongful conduct. Plaintiff’s failure to make specific and actionable
allegations against any of the defendants will result in their dismissal from this case.
Plaintiff shall have thirty (30) days from the date of this Order to file an amended
complaint. Plaintiff is warned that the filing of an amended complaint completely replaces the
original complaint, and claims that are not re-alleged are deemed abandoned. E.g., In re Wireless
Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005). If plaintiff
fails to file an amended complaint within thirty (30) days, the Court will dismiss this action
without prejudice.
II.

Motions to Compel (#55, #57) and Motion to Extend Discovery Deadline (#61)
Plaintiff states that the defendants should be required to produce “the remainder of [his]

medical records from 11/01/09 to the present.” Defendants respond that they have already
produced a copy of plaintiff’s medical file. Plaintiff has not objected further.
Plaintiff next complains that defendants have not provided him with addresses for
Amanda Hill, Felicia Dodge, or Heather Annesser, whom he named as defendants but whom he
was unable to serve. Plaintiff indicates that he wants their addresses so that he may serve them.
Claims against defendants Hill and Dodge were dismissed nearly two years ago (see Order, Doc.
No. 28). Defendants contend plaintiff never requested that defendants provide him with any
defendant’s address. Indeed, plaintiff’s opportunity to serve those defendants passed long ago,
and thus Heather Annesser will be dismissed without prejudice for failure to serve her. See Fed.
R. Civ. P. 4(m).
Next, plaintiff requests an order compelling defendants to respond to his interrogatories.
Defendants state they responded to those interrogatories. Plaintiff, in a subsequent motion
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requesting an extension to the discovery deadline (#61), states that he received the interrogatory
responses after he mailed his motion to compel. Plaintiff seeks additional time in which to
reformulate his interrogatory responses and, he hopes, obtain better answers. The Court will
permit plaintiff to serve upon defendants one additional set of discovery requests, within 21 days
of the date of this order. After defendants respond, discovery will be close absent a strong
showing of good cause to reopen discovery.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Motion to Amend Complaint (#53) is
granted in part;
IT IS FURTHER ORDERED that the Clerk of Court shall provide to plaintiff, along
with a copy of this Order, a blank complaint form for the filing of a prisoner civil rights
complaint;
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint, in
accordance with the instructions set forth above, no later than May 2, 2013;
IT IS FURTHER ORDERED that plaintiff’s two Motions to Compel (#55, #57) are
DENIED;
IT IS FURTHER ORDERED that defendant Heather Annesser is DISMISSED without
prejudice;
IT IS FURTHER ORDERED that plaintiff’s Motion to Extend Discovery Deadline
(#61) is GRANTED in part, and that plaintiff shall have until April 23, 2013 by which to serve
upon defendants his final discovery requests; and

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IT IS FINALLY ORDERED that the deadline for dispositive motions in this case shall
be extended to June 24, 2013.
Dated this

2nd

day of April, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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