Summary
The United States District Court for the District of Kansas denied James C. Strader's motion to add a defendant and seek preliminary injunctive relief in his 42 U.S.C. § 1983 action. The court extended the deadline for filing a complete second amended complaint to June 30, 2026, directed the clerk to provide an updated docket and complaint forms, and warned that failure to amend could result in dismissal.
Holdings
- A party seeking to add parties, claims, or significant factual allegations must file a complete and proper amended complaint under Federal Rule of Civil Procedure 15; Plaintiff's motion to add Mrs. Ross was denied.
- Plaintiff may bring multiple claims against one defendant, but may join additional defendants in one action only when the claims arise from the same transaction, occurrence, or series of transactions or occurrences and involve a common question of law or fact; unrelated claims against different defendants may not be joined.
- Plaintiff was not entitled to a preliminary injunction because he failed to establish a relationship between the injury alleged in the motion and the conduct alleged in the complaint.
Questions Presented
- Whether Plaintiff could add a defendant and significant allegations through a motion rather than a complete second amended complaint.
- What joinder restrictions apply to Plaintiff's proposed claims and defendants under Federal Rules of Civil Procedure 18(a) and 20(a)(2).
- Whether Plaintiff established the required relationship between the injury alleged in his motion and the conduct alleged in the complaint to obtain a preliminary injunction.
- Whether the deadline for filing a complete second amended complaint should be extended.
Disposition
other
Cases Cited (7)
- George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)(followed)
- Kay v. Bemis, 500 F.3d 1214, 1218 (10th Cir. 2007)(followed)
- McNeil v. United States, 508 U.S. 106, 113 (1993)(followed)
- Zhu v. Countrywide Realty Co., Inc., 160 F. Supp. 2d 1210, 1225 (D. Kan. 2001)(followed)
- Gillon v. Federal Bureau of Prisons, 424 F. App'x 722, 725 (10th Cir. 2011) (unpublished)(followed)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 22 (2008)(followed)
- Little v. Jones, 607 F.3d 1245, 1251 (10th Cir. 2010)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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