Free Order - District Court of Delaware - Delaware

Case 1 :05-cv-00013-GIVIS Document 33 Filed 03/31 /2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JIMMIE LEWIS, )
)
Plaintiff, )
) CONSOLIDATED
v. ) Civ. N0. 05-013-GMS
) Civ. N0. 05-051-GMS
WARDEN RAFAEL WILLIAMS, ) Civ. N0. 05-052-GMS
et al., )
)
Defendants. )
ORDER
WHEREAS, the plaintiff Jimmie Lewis (“Lewis"), a prisoner incarcerated at the
Delaware Correctional Center, filed three separate lawsuits pursuant t0 42 U.S.C. § 1983, and on
December 20, 2005, the court consolidated the three cases (D.I. 22);
WHEREAS, 0n March 6, 2006, an order was entered dismissing certain defendants and
claims and allowing Lewis t0 proceed with the remaining claims (D.I. 29);
WHEREAS, in the March 6, 2006, order, Lewis is directed t0 provide t0 the court copies
of the complaint (D.I. 2), the amended complaint (D.I. 8) and the second amended complaint
(D.I. 18) for service upon the remaining defendants and the attomey general (D.I. 29, para. 2);
WHEREAS, on March 13, 2006, Lewis filed, without seeking leave, a voluminous
proposed amended complaint containing the same documents and exhibits previously filed with
the court (D.I. 29);
WHEREAS, "[a] party may amend the party’s pleading once as a matter of course at any
time before a responsive pleading is served", Fed. R. Civ. P. 15(a), and Lewis has already
amended his complaint as allowed by the Federal Rules of Civil Procedure (D.I. 18, 29);

Case 1:05-cv—00013-Gl\/IS Document 33 Filed 03/31/2006 Page 2 of 2
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THEREFORE, at Wilmington this ji day of March, 2006, IT IS ORDERED that
proposed amended complaint (D.I. 29) is STRICKEN. The case shall proceed on the complaint
(D.I. 2), the amended complaint (D.I. 8) and the second amended complaint (D.I. 18) as set forth
in the court’s March 6, 2006, order. Lewis is to provide copies of the complaint, amended
complaint and second amended complaint as ordered by the Court. Finally, Lewis is to refrain
from filing duplicitous pleadings and exhibits. _
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UNIT D STA is D TRI JUDGE
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