Tyrone William Mahan v. Advance Correctional Healthcare, et al.

Summary

The United States District Court for the Eastern District of Michigan denied without prejudice Tyrone William Mahan’s motion for leave to amend his civil rights complaint. The court held that Mahan failed to attach a proposed amended complaint as required by Eastern District of Michigan Local Rule 15.1 and instructed him to submit a complete proposed complaint if he seeks to amend.

Holdings

1. A party seeking to amend a pleading in the Eastern District of Michigan must attach a proposed amended pleading that reproduces the entire pleading as amended and may not incorporate the prior pleading by reference.
2. Failure to comply with E.D. Mich. LR 15.1 permits denial of a motion to amend without prejudice.

Questions Presented

1. Whether plaintiff's motion for leave to amend should be granted when he failed to attach a proposed amended complaint as required by E.D. Mich. LR 15.1.
2. Whether the motion should be denied without prejudice to refiling with a complete proposed amended complaint.

Disposition

other