McPeek v. Kelsey et al

Filing 36

OPINION AND ORDER denying 30 Motion to Amend/Correct. Signed by U.S. District Judge Roberto A. Lange on 7/19/2017. (JLS)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

FILED
JUL 1 9 2017

SOUTHERN DIVISION

TRAVIS RAY MCPEEK,

CLERK

4:17-CV-04015-RAL

Plaintiff,
OPINION AND ORDER DENYING

vs.

MOTION FOR LEAVE TO FILE

UNKNOWN.PENNINGTON COUNTY

AMENDED COMPLAINT

OFFICERS, SOT. CASS, JAIL
ADMINISTRATOR PAYER,
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. McPeek now moves this Court to grant him leave to file an amended
complaint. Doc. 30. Defendants oppose his motion. Doc. 32; Doc. 33.
McPeek seeks to amend his complaint in order to eliminate defendants

and claims that this Court dismissed in its order screening his amended
complaint. Doc. 30 ]fTf 1, 3. This is unnecessary; these defendants and claims

have already been dismissed, and no action is required from McPeek.
However, if and when McPeek might receive leave to amend his complaint, he
may eliminate defendants and claims that have been dismissed.

McPeek also seeks to amend his claims and the amount he requests in
damages. Id. m 3, 4. McPeek may do so if he wishes, but he must follow the

local rules which state that "any party moving to amend a pleading will attach

a copy of the proposed amended pleading to its motion to amend with the

proposed changes highlighted or underlined so that they may be easily
identified." D.S.D. Civ. LR 15.1.

Finally, McPeek seeks to amend his complaint in order to name the
"unknown" defendants. Doc. 30 f 2. He argues that he will learn these

defendants' names through discovery requests that he has already sent to
defendants. Id. At this time, McPeek's request is premature. If he has the
names to add to his complaint, he may move to amend his complaint and
include those defendants' names in his attached proposed amended
complaint.
Accordingly, it is
ORDERED that McPeek's motion for leave to file an amended complaint

(Doc. 30) is denied without prejudice to refiling such a motion with an
attachment of the proposed amended complaint.

Dated JulyJ?, 2017.
BY THE COURT:

ROBERTO A. LANGE

UNITED STATES DISTRICT JUDGE