McPeek v. Kelsey et al

Filing 31

OPINION AND ORDER denying 28 Motion to Compel Access to the Law Library. Signed by U.S. District Judge Roberto A. Lange on 6/26/17. (SKK)

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UNITED STATES DISTRICT COURT 2 6 2017 DISTRICT OF SOUTH DAKOTA C SOUTHERN DIVISION TRAVIS RAY MCPEEK, » ^CLERK 4:17-CV-04015-RAL Plaintiff, OPINION AND ORDER vs. DENYING MOTION TO UNKNOWN PENNINGTON COUNTY OFFICERS, SOT. CASS, JAIL ADMINISTRATOR PAYER, COMPEL ACCESS TO THE LAW LIBRARY Defendants. Plaintiff Travis R. McPeek ("McPeek"), an inmate at the Yankton County Jail in Yankton, South Dakota, filed this lawsuit pursuant to 42 U.S.C. § 1983. Doc. 8. McPeek now moves this Court to compel defendants to grant him access to the law libraiy. Doc. 28. This Court cannot grant McPeek this relief through a motion because it represents a claim he did not raise in his original complaint. If McPeek wishes to add a claim of denial of access to the courts, he may seek this Court's permission to do so through a motion to amend his complaint. If he does so, McPeek must "attach a copy of the proposed amended pleading to [his] motion to amend with the proposed changes highlighted or underlined so that they may be easily identified." D.S.D. Civ. LR 15.1. This Court will then decide whether to grant McPeek's motion and allow him to amend his complaint.

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