Lesley v. Teague et al, No. 2:2015cv00059 - Document 10 (E.D. Mo. 2015)

Court Description: OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for leave to amend the complaint and for discovery [ECF No. 9 ] is DENIED without prejudice. Signed by District Judge Henry Edward Autrey on 10/23/15. (KJS)
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Lesley v. Teague et al Doc. 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION RICHARD L. WESLEY, Plaintiff, v. MS. JANE DOE TEAGUE, et al., Defendants, ) ) ) ) ) ) ) ) ) No. 2:15CV59 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion for leave to amend the complaint and for discovery. The motion is denied without prejudice. Plaintiff requests leave to amend the complaint by adding Warden Dean Minor for “malicious indifference in this matter.” Plaintiff has not submitted an amended complaint. “[I]n order to preserve the right to amend the complaint, a party must submit the proposed amendment along with its motion.” Clayton v. White Hall School Dist., 778 F.2d 457, 460 (8th Cir. 1985). Because plaintiff has not submitted an amended complaint, the request must be denied. Plaintiff’s request for discovery is premature. See E.D. Mo. L.R. 16 - 5.01, 16 - 5.04 (discovery in prisoner cases may not take place until Court enters a Case Management Order). Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to amend the complaint and for discovery [ECF No. 9] is DENIED without prejudice. Dated this 23rd day of October, 2015 ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE Dockets.Justia.com