Bowling v. Oregon Department of Corrections et al

Filing 12

ORDER: Denying Motion to Amend/Correct 5 ; Denying Motion for Partial Summary Judgment 6 ; Denying Motion for Hearing 9 ; Denying Motion for Production of Documents 10 ; Denying Motion to be Present for Jury Trial 11 . Plaintiff's Mo tion to Add Defendants (#5) is DENIED for failure to comply with the court's Local Rules. The court does, however, allow plaintiff to file an amended complaint which properly names all of the parties to this lawsuit within 30 days. Failure to do so, or to advise the court that he wishes to proceed only on the original Complaint, will result in the dismissal of this case for lack of prosecution. IT IS SO ORDERED. Signed on 02/24/2011 by Judge Michael W. Mosman. (gw)

Bowling v. Oregon Department of Corrections et al

Doc. 12

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION KENNETH BOWLING, Plaintiff, v. OREGON DEPARTMENT CORRECTIONS, et al., Defendants. MOSMAN, District Judge. Plaintiff filed a prisoner civil rights Complaint with the court on December 13, 2010. On December 22, 2010, he filed a Plaintiff Local OF CV. 10-1520-MO ORDER

Motion seeking to add various defendants to this case.

cannot amend his Complaint to add parties in this manner.

Rule 15-1(c) requires a party moving to amend a pleading to "reproduce the entire pleading and . . . not incorporate any part of the prior pleading by reference" and to describe the changes to the pleading to be amended. As plaintiff has not done this, his

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Motion to Add Defendants is denied.

Plaintiff may, however, file

an amended complaint within 30 days which complies with the court's Local Rules. Plaintiff's pending Motion for Partial Summary Judgment,

Motion for Hearing, Motion for Production of Documents, and Motion to be Present for Jury Trial are either predicated on an amended pleading which has not been filed, or are premature, thus they are denied. CONCLUSION Plaintiff's Motion to Add Defendants (#5) is DENIED for failure to comply with the court's Local Rules. however, allow plaintiff to file an amended The court does, complaint which

properly names all of the parties to this lawsuit within 30 days. Failure to do so, or to advise the court that he wishes to proceed only on the original Complaint, will result in the dismissal of this case for lack of prosecution. Plaintiff's Motion for Partial Summary Judgment (#6), Motion for Hearing (#9), Motion for Production of Documents (#10), and Motion to be Present for Jury Trial (#11) are DENIED. IT IS SO ORDERED. DATED this 24 day of February, 2011. /s/Michael W. Mosman Michael W. Mosman United States District Judge

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