Garry D. Gibbs v. City of Sikeston, et al.

Summary

The court denied Garry D. Gibbs’s motion for leave to file an amended complaint because he did not submit a proposed amended complaint and instead attempted to amend piecemeal through supplemental statements. The court also struck the supplemental pleadings from the record for failure to comply with Federal Rule of Civil Procedure 15 and Local Rule 4.07.

Holdings

1. A plaintiff seeking to amend must submit a proposed amended complaint encompassing all allegations and claims he intends to assert; piecemeal amendment through separate supplemental statements is not permitted.
2. A pro se litigant is not exempt from complying with substantive and procedural law.

Questions Presented

1. Whether plaintiff's submission of five supplemental statements, rather than a single proposed amended complaint, complied with Federal Rule of Civil Procedure 15 and Local Rule 4.07.
2. Whether the supplemental pleadings should be stricken from the record.

Disposition

other