McLaughlin v. Kerestes et al

Filing 89

MEMORANDUM ORDER denying 61 MOTION to Amend without prejudice to the filing of a motion which complies with the rules of this court. Signed by Magistrate Judge Martin C. Carlson on June 17, 2015. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMES MCLAUGHLIN,
Plaintiff
v.
LT. HART, et al.,
Defendants

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Civil No. 1:13-CV-2851
(Judge Kane)
(Magistrate Judge Carlson)

MEMORANDUM ORDER
The plaintiff, a state inmate, has filed a pro se complaint on November 22,
2013, which he later amended on December 11, 2013. (Docs. 1 and 10.) On January
5, 2015, McLaughlin filed a motion for leave to file a second amended complaint.
(Doc. 61.)
This motion was not accompanied by a brief. This failure to file a brief has
consequences for McLaughlin since we are entitled to deem the plaintiff to have
withdrawn a motion when he fails to properly support that motion by filing a brief in
a timely fashion. See, e.g., Salkeld v. Tennis, 248 F. App'x 341 (3d Cir.2007)
(affirming dismissal of motion under Local Rule 7.5); Booze v. Wetzel, 1:12-CV1307, 2012 WL 6137561 (M.D. Pa. Nov. 16, 2012) report and recommendation
adopted, 1:CV-12-1307, 2012 WL 6138315 (M.D. Pa. Dec. 11, 2012); Breslin v.

Dickinson Twp., 1:09–CV–1396, 2011 WL 1577840 (M.D.Pa. Apr.26, 2011) Prinkey
v. Tennis, No. 09–52, 2010 WL 4683757 (M.D.Pa. Nov.10, 2010) (dismissal under
Local Rule 7.5); Griffin v. Lackawanna County Prison Board, No. 07–1683, 2008
WL 4533685 (M.D.Pa.Oct.6, 2008) (dismissal under Local Rule 7.6).
Furthermore, while McLaughlin attached a proposed amended complaint to his
motion, that motion has not complied with all of the requirements of our Local Rule
15.1 which provides that:
LR 15.1 Amended Pleadings.
(a) Proposed amendment to accompany the motion.
When a party files a motion requesting leave to file an amended
pleading, the proposed amended pleading must be retyped or reprinted
so that it will be complete in itself including exhibits and shall be filed
on paper as a separate document or, in the Electronic Filing System, as
an attachment to the motion. If the motion is granted, the clerk shall
forthwith file the amended pleading. Unless otherwise ordered, an
amended pleading that does not add a new defendant shall be deemed to
have been served for the purpose of determining the time for response
under Fed. R. Civ. P. 15(a), on the date the court grants leave for its
filing. A party granted leave to amend its pleading, when the amended
pleading would add a new defendant, shall file and effect service of the
amended pleading within thirty (30) days after the date of the Order
granting leave for its filing.
(b) Highlighting of amendments.
The party filing the motion requesting leave to file an amended pleading
shall provide: (1) the proposed amended pleading as set forth in
subsection (a) of this rule, and (2) a copy of the original pleading in
which stricken material has been lined through and any new material has
been inserted and underlined or set forth in bold-faced type.

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Given these shortcomings in McLaughlin’s pleadings, we cannot engage in an
informed assessment of this motion. Therefore, this motion to amend (Doc. 61.) will
be DENIED without prejudice to the filing of a motion which complies with the rules
of this court.
So ordered this 17th day of June, 2015.

S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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