Hicks v. Facktor et al

Filing 12

ORDER signed by Judge Rudolph T. Randa on 5/16/2016 DENYING as moot 10 Hicks' Motion to Amend/Correct Complaint. Hicks may file amended complaint as matter of course on or before 6/17/2016. (cc: all counsel, via mail to Eric Hicks at Green Bay Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ERIC L. HICKS,
Plaintiff,
-vs-

Case No. 16-CV-284

CHARLES FACKTOR, et al.,
Defendants.
DECISION AND ORDER
On March 8, 2015, Eric Hicks filed a pro se complaint under 42
U.S.C. § 1983 alleging that his constitutional rights were violated at the
Green Bay Correctional Institution. The court screened his complaint on
March 31, 2016 and allowed him to proceed with his claims. This matter
comes before the court on the plaintiff’s motion to amend the complaint to
correct factual discrepancies.
The Federal Rules of Civil Procedure allow a plaintiff to amend the
complaint once as a matter of course. Fed. R. Civ. P. 15(a)(1)(A). As a
result, the plaintiff’s motion to amend the complaint is denied as moot. He
may file an amended complaint as a matter of course on or before June
17, 2016.
The plaintiff is advised that the amended complaint must bear the
docket number assigned to this case and must be labeled “Amended

Complaint.” The amended complaint supersedes the prior complaint and
must be complete in itself without reference to the original complaint. See
Duda v. Bd. of Educ. of Franklin Park Pub. Sch. Dist. No. 84, 133 F.3d
1054, 1056-57 (7th Cir. 1998). The “prior pleading is in effect withdrawn
as to all matters not restated in the amended pleading[.]” Id. at 1057. “Any
amendment to a pleading, whether filed as a matter of course or upon a
motion to amend, must reproduce the entire pleading as amended, and
may not incorporate any prior pleading by reference.” Civil L. R. 15(a).
IT IS THEREFORE ORDERED that the plaintiff’s motion to
amend the complaint (ECF No. 10) is DENIED as moot. He may file an
amended complaint as a matter of course on or before June 17, 2016.
Dated at Milwaukee, Wisconsin, this 16th day of May, 2016.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-2-