Smalley v. Gamache et al

Filing 33

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for joinder 31 is denied without prejudice, and plaintiff's motion 32 is denied.. Signed by Honorable Rodney W. Sippel on 7/6/11. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES SMALLEY,
Plaintiff,
vs.
MICHAEL GAMACHE, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 4:10CV319 RWS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to add parties. This is the second
time the plaintiff has filed such a motion. The first time the Court denied the motion because it
was not accompanied by a proposed amended complaint. Upon reconsideration, however, the
Court granted the motion because plaintiff clarified that he was merely attempting to substitute
named defendants for two of the John Does listed in his complaint. This time, however, it
appears that plaintiff is trying to add new parties to his complaint instead of substituting parties
for the remaining John Does. This he cannot do without a proposed amended complaint that sets
out his claims and allegations against these proposed defendants. Therefore, the motion will be
denied without prejudice for failure to attach a proposed amended complaint. Any proposed
amended complaint should also contain service addresses for any proposed defendants.
Plaintiff has also filed a “Motion in Opposition to Defendants’ Motion for Interrogatories
and State Intervention.” This document appears to be plaintiff’s objections to defendants’
discovery and not a motion. Therefore, the motion will be denied. Plaintiff is again reminded
that he is expected to review and comply with local and federal rules of procedure, which
prohibit the filing of objections to discovery.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for joinder [#31] is denied without
prejudice, and plaintiff’s motion [#32] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 6th day of July, 2011.

-2-