Smith v. Inman et al

Filing 10

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiffs motion for relief from judgment, or in the alternative, to amend his complaint [ECF No. 9 ] is DENIED. IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a § 1983 complaint form. Signed by District Judge Ronnie L. White on 9/21/2015. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JOSEPH X. SMITH,
Plaintiff,
V.

JULIE INMAN, et al. ,
Defendants,

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No. 4:15CV1297 RLW

MEMORANDUM AND ORDER

Plaintiff moves for relief from judgment, or in the alternative, to amend his complaint.
The motion is denied.
Plaintiff is confined in the Southeast Missouri Department of Mental Health. Julie Inman
is the Regional Medical Director, and Dr. Veera N. Reddy is plaintiffs treating psychiatrist.
Plaintiff brought suit under 42 U.S.C. § 1983 alleging that Dr. Reddy has been mistreating him
and that Inman has not maintained an adequate law library. The Court dismissed Inman from the
complaint because plaintiff did not allege that he suffered an actual legal harm as a result of the
deficient law library. See Myers v.Hundley, 101 F .3d 542, 544 (8th Cir. 1996).
In his motion, plaintiff alleges that he was unable to appeal the denial of his habeas case
because of the deficient law library. However, because the allegation was not included in the
complaint itself, there is no reason for the Court to overturn the dismissal.
Likewise, there is no reason to grant plaintiffs request to file a motion to amend. 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). Amendment by interlineation is prohibited.

If plaintiff wishes to amend his complaint, he must file a motion to amend along with a proposed

amended complaint.
The Court will direct the Clerk to send plaintiff a § 1983 complaint form. Plaintiff is
warned that the filing of an amended complaint replaces the original complaint, and so he
must include each and every one of his claims in the amended complaint.

E.g., In re

Wireless Telephone Federal Cost Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir. 2005).
Any claims from the original complaint that are not included in the amended complaint
will be considered abandoned. Id. In order to sue defendants in their individual capacities,
plaintiff must specifically say so in the complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion for relief from judgment, or in the
alternative, to amend his complaint [ECF No. 9] is DENIED.
IT IS FURTHER ORDERED that the Clerk is directed to send plaintiff a § 1983
complaint form.
Dated thisLaay of September, 2015.

Yf:~/.~

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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