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Schroeder v. Yates

November 1, 2010

ALVIN J. SCHROEDER, PLAINTIFF,
v.
JAMES A. YATES, ET AL., DEFENDANTS.



ORDER STRIKING FIRST AMENDMENT TO COMPLAINT

(Doc. 8)

ORDER STRIKING SECOND AMENDMENT TO COMPLAINT

(Doc. 10)

ORDER STRIKING MOTIONS FOR TIMELY HEARING AND IMMEDIATE DECISION.

(Docs. 9, 11)

ORDER DENYING MOTION TO ADD CERTAIN DEFENDANTS AND CLAIMS

(Doc. 12)

I. Procedural History

On December 28, 2009, Plaintiff Alvin J. Schroeder, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. On April 21, 2010, Plaintiff filed an incomplete amendment which sought to add a new count and two additional defendants. On May 7, 2010, Plaintiff filed a motion requesting a timely hearing. On May 24, 2010, Plaintiff filed another amendment which sought to add an additional defendant. On June 7, 2010, Plaintiff filed a motion for immediate decision. Lastly, on August 25, 2010, Plaintiff filed a motion to add as defendants Dr. Green, Dr. Rahimi and Correctional Officer Catlett and add additional unrelated claims associated with these individuals.

II. Amendments Not in Compliance with Local Rule 220

According to Local Rule 220:

[E]very pleading to which an amendment or supplement is permitted as a matter of right or has been allowed by court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded pleading. No pleading shall be deemed amended or supplemented until this Rule has been complied with.

All changed pleadings shall contain copies of all exhibits referred to in the changed pleading.

Local Rule 220. Plaintiff's amendments are not complete without necessitating reference to prior pleadings. Accordingly, Plaintiff's first and second amendments are HEREBY STRICKEN from the record, and within thirty (30) days from the date of service of this order, Plaintiff may file a ...


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