" I Case 3:03-cv—OO944—RNC Document 20 Filed O1/29/2004 Page10f3
UNITED STATES DISTRICT COURT N
E - DISTRICT OF CONNECTICUT
ZM?.) .15*.5-12*} FJ 3= IQ
§JAMES MCKINNON £·§nR1•··UE·
é V. CASE NO. 3:O3CV944 (RNC) (DFM) `
§YVONNE, et ai. E
)
E RULING ON PENDING MOTIONS i
E Pending before the court are two motions for copies and two
émotions for leave to amend the complaint.
EI. Motions for Co ies docs. 14 17
i The plaintiff asks the court to send him a copy of the
iamended complaint to enable him to make the necessary copies to i
Esubmit to the court for service of the amended complaint. The i
§plaintiff’s motions are GRANTED. g
§II. Motions to Amend (docs. §# 15, 18 !
E The plaintiff seeks to file a second amended complaint.
§Because the plaintiff already has filed one amended complaint, he
imust seek leave of court to file another amended complaint. ggg
gRule l5(a), Fed. R. Civ. P.
Q The first motion to amend the complaint includes some
biscussion of the Americans with Disabilities Act ("ADA") and
hase law interpreting the ADA. However, the proposed amended E
pomplaint accompanying the motion includes no allegations related I
to an ADA claim. Further, even if the plaintiff had included I
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` " Case 3:03-cv-00944-RNC Document 20 Fnled O1/29/2004 Page 2 0f3 y
I I
gallegations to support an ADA claim, he concedes that he has not %
Eexhausted his ADA claim.1 For this reason, the first motion for \
§leave to amend is DENIED. i
i In his second motion to amend the complaint, the plaintiff
Q I
gagain asks to add an ADA claim to his complaint. The proposed N
I J
Qamended complaint accompanying this second motion to amend
isuffers the same deficiency discussed above—the proposed i
‘ E
gcomplaint fails to include any facts related to an ADA claim. In i
éthe second motion to amend the complaint, the plaintiff also asks W
épermission to add evidence that he exhausted his administrative I
iremedies on the claims in his first amended complaint. The I
C
Qrequest to submit evidence of exhaustion is unnecessary; the I
Eplaintiff already attached evidence of exhaustion to his first i
I
Eamended complaint. Therefore, the second motion for leave to
éamend also is DENIED.
S The motions for leave to amend are denied without prejudice. I
%The plaintiff may file another motion to amend the complaint. If i
ihe does so, he must file at the same time a proposed amended Q
’ ‘ I
Qcomplaint which includes allegations concerning the ADA claim he i
Q 1 Although the plaintiff claims that he need not exhaust any I
ADA. claims, the State of Connecticut Department of Correction I
hdministrative Directives provide otherwise. See Department of K
borrection Administrative Directive 9.6, section 6(A)(5)
H"matter[s] relating to access to privileges, programs and
iservices, conditions of care or supervision and living unit
iconditions within the authority of the Department of Correction, to
include rights under the Americans with Disabilities Act, except as
moted herein" are grievable).
I
___ ____. .. I
` ' ’ ° Case 3:03-cv—OO944—RNC Document 20 Filed O1/29/2004 Page 3 of 3 {
[seeks to add. The proposed amended complaint also must include
ievidence that his ADA claim was exhausted prior to the filing of
éthis lawsuit.
Q Conclusion i
g The Motions for Copies [docs. ## 14, 17] are GRANTED. The i
iClerk is directed to send the plaintiff a copy of the first i
Qamended complaint [doc. # 11] with a copy of this ruling. The
éplaintiff is directed to submit SEVEN copies of the amended
gcomplaint to the court within thirty days of the date of this
iorder. The Motions for Leave to Amend [docs. ## 15, 18] are 1
1DENIED without prejudice. Q
i SO ORDERED in Hartford, Connec `cut, this 29m day of E
iJanuary, 2004. _
1 _ Don a F. Martinez i W I
i United States Magistrate Judge I
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