Free Order on Motion to Amend/Correct - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Doyle Burns,

) ) Plaintiff, ) ) v. ) ) Charles Ryan, et al., ) ) Defendants. ) ___________________________________)

CV 03-2273-PHX-JWS (MS)

ORDER

Before the Court is Plaintiff's "Motion for Leave to File An Amended Complaint" filed October 3, 2005. The Court will deny Plaintiff's motion. In its July 14, 2005 Order, the Court explained to Plaintiff the procedure for amending a complaint. That is, Plaintiff must lodge a proposed amended complaint in addition to the motion to amend. Further, the Court advised Plaintiff that any attempt to amend the Complaint related to the Notice of Claim issue that has already been resolved by the Court would be denied. Lastly, dispositive motion in this case have been fully briefed, and it has been almost three months since the Court last denied Plaintiff's motion to amend. To the extent that an amended complaint would address issues contained in Defendants' motion for summary judgment, an amended complaint is not the proper avenue by which to respond to such issues. Accordingly, /// ///

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IT IS ORDERED that Plaintiff's "Motion for Leave to File An Amended Complaint" filed October 3, 2005 is DENIED without prejudice. Plaintiff shall have 20 days from the date of the filing of this Order to file a motion to amend and lodge a proposed amended complaint. DATED this 6th day of October, 2005.

Case 2:03-cv-02273-JWS-MS

Document 95

Filed 10/11/2005

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