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)

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.