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

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Date: December 20, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1 :05-cv-00052-Gl\/IS Document 21 Filed 12/20/2005 Page 1 of 2
Plaintiff, )
v. ) Civil Action No. 05-052-GMS
et al., )
Defendants. )
WHEREAS, plaintiff Jimmie Lewis ("Lewis"), SBI #506622, a prisoner incarcerated at
Delaware Correctional Center, Smyrna, Delaware, filed a complaint pursuant to 42 U.S.C. §
1983. Plaintiff is pro se and was granted permission to proceed in forma pauperis pursuant to 28
U.S.C. § 1915;
WHEREAS, Lewis initially filed this complaint against defendants First Correctional p
Medical and Staff, Georgia Sutton, Warden Raphael Williams and Staff, and Department of
Correction Commissioner Stanley Taylor, Jr. and Staff. (D.I. 2)
WHEREAS, On April 8, 2005, an amended complaint was filed pursuant to Fed. R. Civ. l
P. 15(a). (D.I. 8)
WHEREAS, Lewis filed a motion to amend his complaint to cure deficiencies in the
complaint. (D.I. 17) "After 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)). The Court grants in part Lewis’ motion to amend the complaint.

Case 1:05-cv-00052-Gl\/IS Document 21 Filed 12/20/2005 Page 2 of 2
THEREFORE, at Wilmington thi z of December, 2005, IT IS ORDERED that:
1. The motion to amend complaint is GRANTED in part and the complaint is amended
as follows:
a. a jury demand is added;
b. violations of the First, Fourth, Fifth, Sixth, Eighth, and l4"‘ Amendments
of the United States Constitution are added;
c. Dr. Ali, Dr. Boston, Dr. Joshi, Mr. Fish, Debra Muskareli, Nurse Inna,
Dianne Hernandez, Nurse K. Johnson, and Collen Bell are added as defendants.
2. All other requested amendments are DENIED.
3. The Clerk of the Court shall cause a copy of this order to be mailed to the
plaintiff. ` I gn , ' g
Uni l- States District J dge I