Fletcher v. Houston et al

Filing 35

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Leave to Amend Civil Complaint (Filing No. 32 ) is denied without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BARRY W. FLETCHER SR.,
Plaintiff,
v.
ROBERT P. HOUSTON, et al.,
Defendants.

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4:12CV3179

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Amend Civil
Complaint. (Filing No. 32.) Plaintiff asks leave to amend his Complaint so that he can name
an additional defendant. Nebraska Civil Rule 15.1 states that “a party who moves for leave
to amend a pleading (including a request to add parties) must file as an attachment to the
motion an unsigned copy of the proposed amended pleading that clearly identifies the
proposed amendments.” NECivR 15.1(a). In pro se cases, the court may consider an
amended pleading as supplemental to the original pleading. NECivR 15.1(b).
Here, Plaintiff did not file a copy of his proposed amended complaint or identify the
party he seeks to add as a defendant. Thus, the court does not have the information it needs
in order to rule on Plaintiff’s Motion. Accordingly,
IT IS THEREFORE ORDERED that: Plaintiff’s Motion for Leave to Amend Civil
Complaint (Filing No. 32) is denied without prejudice to reassertion.
DATED this 25th day of March, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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