COULSTON v. GLUNT et al

Filing 46

ORDER granting in part and denying in part 45 Motion to Amend/Correct. Plaintiff is granted leave to file a new Amended Complaint that complies with this Order but his Proposed Amended Complaint will not be filed as such. The Clerk is directed to change the caption of this matter to identify John Doe 1 as Sean Domanick and John Doe 2 as Robert Rosenbaum. Because Plaintiff had previously identified these two individuals by their last names in his original complaint, these two Defendants have already been served and counsel has already entered an appearance on their behalf. Plaintiff shall have until June 11, 2013 to file his new Amended Complaint. Signed by Magistrate Judge Lisa Pupo Lenihan on May 21, 2013. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TROY COULSTON,
Plaintiff,
v.
STEVEN GLUNT, et al.,
Defendants.

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Civil Action No. 12 - 154
District Judge Kim R. Gibson
Chief Magistrate Judge Lisa Pupo Lenihan

ORDER
Pending before the Court is Plaintiff’s Proposed Amended Complaint which has been
docketed as a Motion to Amend/Correct Complaint. (ECF No. 45.) The Motion will be granted
in part and denied in part for the reasons stated below.
Plaintiff’s Proposed Amended Complaint only contains amendments of 10 paragraphs in
his original complaint. He also identifies two Defendants whose first names were previously
unknown at the time he filed his original complaint. This, however, is an improper way to
amend a complaint and the Court will not allow Plaintiff to amend his complaint in such a
piecemeal fashion. An amended complaint is an all-inclusive complaint that must contain all
claims against all defendants. It is a stand-alone document and should not refer back to the
original complaint. Once it is filed, it will completely replace the previous complaint, which will
no longer be the operative complaint in this matter. Put another way, there must be only one
operative complaint that contains all of Plaintiff’s allegations against all defendants in this case.
Therefore,

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IT IS HEREBY ORDERED this 21st day of May, 2013, that Plaintiff’s Motion to
Amend/Correct Complaint (ECF No.45) is granted in part and denied in part. Plaintiff is granted
leave to file a new Amended Complaint that complies with this Order but his Proposed Amended
Complaint will not be filed as such. The Clerk, however, is directed to change the caption of this
matter so as to identify John Doe 1 as Sean Domanick and John Doe 2 as Robert Rosenbaum.
Because Plaintiff had previously identified these two individuals by their last names in his
original complaint, these two Defendants have already been served and counsel has already
entered an appearance on their behalf.
IT IS FURTHER ORDERED that Plaintiff shall have until June 11, 2013 to file his
new Amended Complaint.

By the Court:
/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
Chief United States Magistrate Judge

cc: Troy Coulston
BK-3534
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698
(Via First Class U.S. Mail)

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