Thompson v. Webb et al

Filing 8

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for leave to file an amended complaint [ECF No. 7 ] is DENIED without prejudice. Signed by District Judge Jean C. Hamilton on 1/6/15. (KJS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ERVIN J. THOMPSON, ) ) ) ) ) ) ) ) ) Plaintiff, v. KYLE WEBB, et al., Defendants, No. 4:14CV1987 JCH MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion for leave to file an amended complaint. Plaintiff did not submit a proposed amended complaint with the motion. “[I]n order to preserve the right to amend the 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). As a result, the Court will deny the motion without prejudice to refiling with a proposed amended complaint. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to file an amended complaint [ECF No. 7] is DENIED without prejudice. Dated this 6th Day of January, 2015. /s/ Jean C. Hamilton UNITED STATES DISTRICT JUDGE

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