Stewart v. Mr. Watts

Filing 45

ORDER denying without prejudice 44 Motion for Reconsideration. Signed by Magistrate Judge John Johnston on 2/9/2016. Mailed to Stewart. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
WALTER STEWART,

CV 15-00044-GF-BMM-JTJ

Plaintiff,
vs.

ORDER

CCC CROSSROADS CORRECTIONAL
TRANSPORT OFFICER MR. WATTS,
Defendant.
Plaintiff Walter Stewart is a prisoner proceeding in forma pauperis and
without counsel. He has filed a document entitled “Objection,” which the Court
has construed as a Motion for Reconsideration of the Court’s February 1, 2016
Order (Doc. 43) denying his January 28, 2016 Motion for Reconsideration and
Motion for Leave to File Second Amended Complaint (Doc. 42) for failure to
comply with Local Rule 7.1.
In his current motion for reconsideration, Mr. Stewart indicates that he
contacted opposing counsel on January 6, 2016, prior to filing his motion. There is

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still no indication in the motion whether counsel objects. Regardless, the Court
must deny the motion and deny any request to file a second amended complaint.
Although Mr. Stewart has represented in prior motions that he filed a proposed
second amended complaint (Doc. 42 at 1), the Court cannot locate a proposed
second amended complaint in the record.
The Court’s Local Rules require that when a party moves for leave to amend
or supplement a pleading, the proposed pleading must be attached to the motion as
an exhibit. L.R. 15.1. Mr. Stewart has not provided a proposed pleading;
therefore, it is impossible for the Court to know what claims he seeks to bring
regarding the parties he seeks to add.
Based upon the foregoing, the Court issues the following:
ORDER
1. Mr. Stewart’s Objection (Doc. 44), construed as a Motion for
Reconsideration of the denial of his Motion for Reconsideration and Motion for
Leave to File Second Amended Complaint, is DENIED WITHOUT
PREJUDICE.
2. At all times during the pendency of this action, Mr. Stewart must advise
the Court and opposing counsel of any change of address and its effective date.
Failure to file a notice of change of address may result in the dismissal of the
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action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
DATED this 9th day of February, 2016.
/s/ John Johnston
John Johnston
United States Magistrate Judge

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