Harris v. Kempker et al

Filing 19

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff's motion to amend [ECF No. 14] is DENIED. IT IS FURTHER ORDERED that plaintiff's motion to supplement [ECF No. 15] is GRANTED.. Signed by District Judge Stephen N. Limbaugh, Jr on 9/3/15. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTH DIVISION
IRA B. HARRIS,
Plaintiff,
v.
GARY KEMPKER, et al.,
Defendants,

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No. 1:15CV140 SNLJ

MEMORANDUM AND ORDER
Before the Court are plaintiff’s motion to amend and motion to supplement
the complaint with his grievance appeal.
To obtain leave to file an amended complaint, “a party must submit the
proposed amendment along with its motion.” Clayton v. White Hall School Dist.,
778 F.2d 457, 460 (8th Cir. 1985); see Wolgin v. Simon, 722 F.2d 389, 395 (8th
Cir. 1983) (“Absent some indication as to what might be added to the complaint to
make it viable, the [moving party] is not entitled to leave to amend.”). Plaintiff has
not submitted a second amended complaint. As a result, the motion is denied.
The motion to supplement is granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to amend [ECF No. 14]
is DENIED.

IT IS FURTHER ORDERED that plaintiff’s motion to supplement [ECF
No. 15] is GRANTED.
Dated this 3rd day of September, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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