Palencar v. Raijski et al
Filing
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MEMORANDUM AND ORDER - IT IS ORDERED as follows: 1. The plaintiffs motion to amend, (Doc. 31), is DENIED without prejudice. 2. If the plaintiff seeks leave to further amend her pleadings, 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, May 6, 2016. SEE ORDER FOR COMPLETE DETIALS. Signed by Magistrate Judge Martin C. Carlson on April 5, 2016. (kjn)
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HILARY PALENCAR,
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Plaintiff,
v.
STANLEY RAIJSKI, et al.,
Defendants.
CIVIL NO. 3:15-CV-1189
(Judge Mannion)
(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,
which she then amended. (Docs. 1 and 10.) The plaintiff has now filed a motion for
leave to submit a second amended complaint. (Doc. 31.)
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
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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. 31), is DENIED without prejudice.
2.
If the plaintiff seeks leave to further amend her pleadings, 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, May 6, 2016.
3.
We instruct the plaintiff that this “amended complaint must be complete
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in all respects. It must be a new pleading which stands by itself as an
adequate complaint without reference to the complaint already filed.”
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
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statements, and in sequentially numbered paragraphs. It should name
proper defendants, specify the offending actions taken by a 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 5th day of April, 2016.
/s/ Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge
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