Cummings v. Schickvam

Opinion

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WILLIAM CUMMINGS, : CIVIL NO. 1:21-CV-1006 : Plaintiff, : : v. : : (Magistrate Judge Carlson) J. SCHICKVAM, et al., : : Defendants. :

MEMORANDUM AND ORDER

The background of this order is as follows: The plaintiff, who is proceeding pro se, commenced this action by a complaint on June 7, 2021. (Doc. 1.) Since that time, Cummings has filed no less than 14 documents which purport to amend his complaint in a random, fragmentary and incomplete fashion. Cummings has also recently filed yet another motion which seeks to amend his pleadings. (Doc. 33). Construing this motion as, in effect, a motion to further amend this amended complaint we note that the motion to amend is unaccompanied by any proposed amended complaint, as required by Local Rule 15.1 which provides as follows: LR 15.1 Amended Pleadings.

(a) Proposed amendment to accompany the motion.

1 When a party files a motion requesting leave to file an amended pleading, the proposed amended pleading must be retyped or reprinted so that it will be complete in itself including exhibits and shall be filed on paper as a separate document or, in the Electronic Filing System, as an attachment to the motion. If the motion is granted, the clerk shall forthwith file the amended pleading. Unless otherwise ordered, an amended pleading that does not add a new defendant shall be deemed to have been served for the purpose of determining the time for response under Fed. R. Civ. P. 15(a), on the date the court grants leave for its filing. A party granted leave to amend its pleading, when the amended pleading would add a new defendant, shall file and effect service of the amended pleading within thirty (30) days after the date of the Order granting leave for its filing.

(b) Highlighting of amendments.

The party filing the motion requesting leave to file an amended pleading shall provide: (1) the proposed amended pleading as set forth in subsection (a) of this rule, and (2) a copy of the original pleading in which stricken material has been lined through and any new material has been inserted and underlined or set forth in bold-faced type.

Local Rule 15.1. Since the motion to amend violates Local Rule 15.1, IT IS ORDERED as follows: 1. The plaintiff=s motion to amend, (Doc. 33), is DENIED without prejudice. 2. On or before August 30, 2021, the plaintiff is directed to prepare a comprehensive proposed amended complaint, and submit this proposed amended complaint, along with a motion to amend in the form called for by Local Rule 15.1, and a brief in support of this motion.

2 3. We instruct the plaintiff that this Aamended complaint must be complete in all respects. It must be a new pleading which stands by itself as an

adequate complaint without reference to the complaint already filed.@ Young v. Keohane, 809 F. Supp. 1185, 1198 (M.D. Pa. 1992). See e.g., Biggins v. Danberg, No. 10-732, 2012 WL 37132 (D.Del. Jan. 6, 2012);

Quirindongo v. Federal Bureau of Prisons, No. 10-1742, 2011 WL 2456624 (M.D. Pa. June 16, 2011). Therefore, in amending this complaint, the plaintiff=s amended complaint must recite factual allegations which are sufficient to raise the plaintiff=s claimed right to

relief beyond the level of mere speculation, contain Aa short and plain statement of the claim showing that the pleader is entitled to relief,@ Fed. R. Civ. P. 8(a)(2), set forth in averments that are Aconcise, and direct,@

Fed. R. Civ. P. 8(e)(1), and stated in separately numbered paragraphs describing the date and time of the events alleged, and identifying wherever possible the participants in the acts about which the plaintiff complains.

4. This complaint must be a new pleading which stands by itself as an adequate complaint without reference to any other pleading already filed. Young v. Keohane, 809 F. Supp. 1185, 1198 (M.D. Pa. 1992). The

3 complaint should set forth plaintiff's claims in short, concise and plain statements, and in sequentially numbered paragraphs. It should name

proper defendants, specify the offending actions taken by a particular defendant, be signed, and indicate the nature of the relief sought. Further, the claims set forth in the complaint should arise out of the same

transaction, occurrence, or series of transactions or occurrences, and they should contain a question of law or fact common to all defendants. 5. Failure to comply with these instructions may result in the dismissal of this lawsuit and this order is entered without prejudice to the assertion of any

defenses or dispositive motions that the defendants may believe are appropriate with respect to any amended complaint. SO ORDERED, this 30th day of July 2021.

/s/ Martin C. Carlson Martin C. Carlson United States Magistrate Judge