ALEXIS v. SESSIONS et al

Filing 13

MEMORANDUM OPINION ORDER Directing the Clerk to reopen the case. Case reopened. ORDERED Plaintiff's piecemeal amended complaints are dismissed without prejudice. ORDERED that if Plaintiff wishes to reopen this case, he must submit an amended complaint within 45 days of the date of this order. Directing the Clerk to close this case. Signed by Judge Robert B. Kugler on 6/10/2019. (rtm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

VINCENT P. ALEXIS,
Plaintiff,

Civil Action
No. 18-2099 (RBK-KMW)

v.
JEFF SESSIONS, et al.,

MEMORANDUM OPINION
AND ORDER

Defendants.
Plaintiff Vincent P. Alexis is a prisoner confined at FCI Fort Dix, in Fort Dix, New Jersey.
On October 18, 2018, the Court dismissed the complaint without prejudice for failure to state a
claim. (ECF Nos. 5, 6). In the interests of justice, the Court provided Plaintiff with an opportunity
to file a motion to reopen his case, i.e., a motion for leave to file an amended complaint. (ECF No.
6).
Thereafter, Plaintiff attempted to file two separate and meaningfully different amended
complaints, without filing a motion and brief in support thereof, in violation of the Court’s October
18, 2018, Order, Federal Rule of Civil Procedure 15, and Local Rules 7.1(d)(1) and 7.1(f).
Plaintiff may not have been aware, but “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. . . [any earlier] 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 submissions “and
declines to permit Plaintiff to [amend] 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, that
specifically address the deficiencies in Plaintiff’s initial complaint, as stated in the Court’s earlier
Opinion. Plaintiff should include all of the facts and allegations he seeks to assert against all
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 on this 10th day of June, 2019, hereby
ORDERED that the Clerk of the Court shall REOPEN this matter solely so that the Court
may consider Plaintiff’s piecemeal amended complaints (ECF Nos. 9, 11); and it is further
ORDERED that Plaintiff’s piecemeal amended complaints (ECF Nos. 9, 11), are
DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that if Plaintiff wishes to reopen this case, he must submit a comprehensive
proposed amended complaint, along with a motion to amend, and a brief in support of his motion,
within forty-five (45) days of this Order; and it is further
ORDERED that the Clerk of the Court shall once again CLOSE this case; 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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