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Verner v. McCuan

May 23, 2006

LEBAR VERNER, INMATE #28953-044, PLAINTIFF,
v.
GERALD MCCUAN, DANNY GUINED, TERRY BAKKE, RANDY J. DAVIS, MICHAEL K. NALLEY, AND HARLEY G. LAPPIN, DEFENDANTS.



The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Federal Prison Camp in Marion, Illinois, brings this action for alleged violations of his constitutional rights by persons acting under the color of federal authority. See Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Plaintiff previously was granted leave to proceed in forma pauperis, and he has tendered his initial partial filing fee as ordered.

Motion to Amend Complaint

Plaintiff has filed a motion to amend the complaint (Doc. 8). He did not include a proposed amended complaint with the motion.

Federal Rule of Civil Procedure 15(a) dictates that leave to amend a pleading "shall be given whenever justice so requires," see Sanders v. Venture Stores, Inc., 56 F.3d 771, 773 (7th Cir. 1995); and, indeed, the rule expressly grants a plaintiff one opportunity to amend her complaint as a matter of course before a responsive pleading is served. Camp v. Gregory, 67 F.3d 1286, 1289 (7th Cir. 1995). Under the local rule, Amended pleadings and supplemental pleadings shall contain all allegations which a party intends to pursue. All new material in the amended pleadings shall be underlined. The original of the amended pleading shall be attached to the motion to amend the pleading so that it may be filed if the motion to amend is granted. Local Rule 15.1.

Plaintiff's motion to amend his complaint does not comply with the local rule. As such, the motion (Doc. 8) is DENIED. If Plaintiff wishes to amend his complaint, he must include with his motion to amend a proposed amended complaint that complies with the federal and local rules.

Threshold Review

This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides, in pertinent part:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). Upon careful review of the complaint and any supporting exhibits, the Court finds that none of the ...


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