Bliss v. United States et al
Filing
98
MEMORANDUM and ORDER, Motions terminated: 1. The pltfs mtn to amend, 96 is DENIED without prejudice.2. The pltf is directed to prepare a comprehensive proposed amended complaint, and submit this proposed amended complaint, along with a mtn to amend in the form called for by Local Rule 15.1, and a brsupp of this mtn, on or before, 9/28/15. See order for further details.Signed by Magistrate Judge Martin C. Carlson on 8/27/15. (ma)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NEFTALI BLISS,
Plaintiff,
v.
UNITED STATES, et al.,
Defendants.
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CIVIL NO. 3:12-CV-2254
(Judge Kosik)
(Magistrate Judge Carlson)
MEMORANDUM AND ORDER
The background of this order is as follows:
The plaintiff, who is proceeding pro se, commenced this action by a complaint
on November 13, 2012. The plaintiff has now filed a motion to amend his complaint.
(Doc. 96.) This motion to amend is unaccompanied by any proposed amended
complaint, as required by Local Rule 15.1 which provides as follows:
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.
Local Rule 15.1.
Since this motion to amend violates Local Rule 15.1, IT IS ORDERED as
follows:
1.
The plaintiff’s motion to amend, (Doc. 96.), is DENIED without
prejudice.
2.
The plaintiff is directed to prepare a comprehensive proposed amended
complaint, and submit this proposed amended complaint, along with a
motion to amend in the form called for by Local Rule 15.1, and a brief
in support of this motion, on or before, September 28, 2015.
3.
We instruct the plaintiff that this “amended complaint must be complete
in all respects. It must be a new pleading which stands by itself as an
adequate complaint without reference to the complaint already filed.”
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Young v. Keohane, 809 F. Supp. 1185, 1198 (M.D. Pa. 1992). See e.g.,
Biggins v. Danberg, No. 10-732, 2012 WL 37132 (D.Del. Jan. 6, 2012);
Quirindongo v. Federal Bureau of Prisons, No. 10-1742, 2011 WL
2456624 (M.D. Pa. June 16, 2011). Therefore, in amending this
complaint, the plaintiff’s amended complaint must recite factual
allegations which are sufficient to raise the plaintiff’s claimed right to
relief beyond the level of mere speculation, contain “a short and plain
statement of the claim showing that the pleader is entitled to relief,” Fed.
R. Civ. P. 8(a)(2), set forth in averments that are “concise, and direct,”
Fed. R. Civ. P. 8(e)(1), and stated in separately numbered paragraphs
describing the date and time of the events alleged, and identifying
wherever possible the participants in the acts about which the plaintiff
complains.
4.
This complaint must be a new pleading which stands by itself as an
adequate complaint without reference to any other pleading already
filed. Young v. Keohane, 809 F. Supp. 1185, 1198 (M.D. Pa. 1992).
The complaint should set forth plaintiff's claims in short, concise and
plain statements, and in sequentially numbered paragraphs. It should
name proper defendants, specify the offending actions taken by a
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particular defendant, be signed, and indicate the nature of the relief
sought. Further, the claims set forth in the complaint should arise out of
the same transaction, occurrence, or series of transactions or
occurrences, and they should contain a question of law or fact common
to all defendants. The court further places the plaintiff on notice that
failure to comply with this direction may result in the dismissal of this
action pursuant to Rule 41 of the Federal Rules of Civil Procedure.
SO ORDERED, this 27th day of August 2015.
/s/ Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge
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