KEARNEY v. BAYSIDE STATE PRISON ADMINISTRATION et al
Filing
29
MEMORANDUM OPINION & ORDER Denying the Plaintiff's 18 , 27 letters to the extent that they seek to amend his complaint on a piecemeal basis. Signed by Judge Robert B. Kugler on 10/9/2018. (rtm, )(nm)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LAQUAN L. KEARNEY,
Civ. No. 17-6269 (RBK) (KMW)
Plaintiff,
v.
BAYSIDE STATE PRISON
ADMINISTRATION, et al.,
MEMORANDUM OPINION AND
ORDER
Defendants.
Plaintiff Laquan L. Kearney is a prisoner confined at Northern State Prison, in Newark,
New Jersey. On June 26, 2018, the Court allowed the case to proceed as to certain Defendants and
dismissed, among other things, Plaintiff’s claim against Hearing Officer “Ms. Ralph” without
prejudice for failure to state a claim. (ECF No. 13). Thereafter, Plaintiff submitted two letters, in
which he seeks, among other things, to amend his complaint to add new facts and allegations only
as to Ms. Ralph (ECF Nos. 18 & 27).
“However, any attempt to amend or supplement his Complaint must conform to Federal
Rule of Civil Procedure 15, and an amended complaint, once accepted by the Court, replaces the
original complaint and renders it inoperative.” Iantosca v. Magnone, No. 16-9497, 2017 WL
3065214, at *4 (D.N.J. July 19, 2017); see also, e.g., Young v. Keohane, 809 F. Supp. 1185, 1198
(M.D. Pa. 1992). The Court has reviewed Plaintiff’s “letters and declines to permit Plaintiff to
supplement his complaint in this piecemeal fashion.” Iantosca, 2017 WL 3065214, at *4.
If Plaintiff wishes to file an amended complaint, he must file a comprehensive proposed
amended complaint, along with a motion to amend, and a brief in support of his motion. Plaintiff
should include all of the facts and allegations he seeks to assert against Ms. Ralph and the
remaining Defendants. Under Federal Rule of Civil Procedure 10, an “amended complaint may
adopt some or all of the allegations in the original complaint but must clearly and explicitly identify
and adopt such allegations.” Wilson v. Martone, No. 11-5337, 2012 WL 715319, at *5 n.2 (D.N.J.
Mar. 5, 2012) (citing 6 Wright, Miller & Kane, Fed. Prac. and Proc. § 1476 (3d ed.)). To avoid
confusion, “the safer course is to file an amended complaint that is complete in itself.” Id.
THEREFORE, it is this _9th_ day of October, 2018, hereby
ORDERED that Plaintiff’s letters, to the extent that they seek to amend his complaint on
a piecemeal basis (ECF Nos. 18 & 27), are denied without prejudice; and it is further
ORDERED that the Clerk of the Court shall serve Plaintiff with a copy of this
Memorandum Opinion and Order via regular U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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