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


File Size: 39.6 kB
Pages: 2
Date: August 16, 2006
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 237 Words, 1,397 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/ded/36067/72.pdf

Download Order on Motion to Amend/Correct - District Court of Delaware ( 39.6 kB)


Preview Order on Motion to Amend/Correct - District Court of Delaware
Case 1:06-cv-00053-JJF Document 72 Filed 08/16/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES A. WILSON, et al., )
Plaintiffs, g
v. g Civ. No. 06-53-KAJ
HELEN LOHMAN, SCOTT g
MORGAN, TOM CARVAN, JAY )
PLUMMER, and JOE FIELDS, )
Defendants. g
ORDER
WHEREAS, plaintiffs, all prisoners incarcerated within institutions of the
Delaware Department of Correction filed a complaint pursuant to 42 U.S.C. § 1983, and
they proceed pro se (D.|. 1);
WHEREAS, defendants have been served and appeared in the case;
WHEREAS, on July 11, 2006, plaintiff James A. Wilson filed a motion to amend
the complaint to add a retaliation count (D.l. 66);
WHEREAS, "[a]fter amending once or after an answer has been filed, the
plaintiff may amend only with leave of the court or the written consent of the opposing
party, but ‘leave shall be freely given when justice so requires."’ Shane v. Fauver, 213
F.3d 113, 115 (3d Cir. 2000) (quoting Fed. R. Civ. P. 15(a))

Case 1:06-cv-00053-JJF Document 72 Filed 08/16/2006 Page 2 of 2
THEREFORE, at Wilmington this 16"‘ day of August, 2006, IT IS ORDERED that
the motion to amend the complaint is GRANTED (D.l. 66) and the complaint is
amended to add a claim of retaliation for exercising First Amendment rights.
ji d /1 A7"!} jj?
/ * I ‘"
gg ''II _ I ,—
U}\I|TED STATE,-' DISTRICT JUDGE
2