Free Order on Motion for Preliminary Injunction - District Court of Delaware - Delaware


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Date: October 6, 2005
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State: Delaware
Category: District Court of Delaware
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Preview Order on Motion for Preliminary Injunction - District Court of Delaware
Case 1 :05-cv-00051-GIVIS Document 18 Filed 10/06/2005 Page 1 of 2
. IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Jimmie Lewis, Pro Se, )
)
Plaintiff, )
)
v. ) C.A. No. 05-51 (GMS)
)
Stanley Taylor, et al., )
)
Defendant. )
ORDER
WHEREAS presently before the court is the plaintiffs motion for preliminary
A injunction/temporary restraining order (D.I. 14), and his motion to amend the complaint (D.I. 17);
WHEREAS the basis for the first motion (D.I. 14) is that the plaintiff needed more access
to the prison’s library prior to a court appearance, for which he had counsel, scheduled for June 3,
2005;
WHEREAS that date has passed, and therefore, the motion is moot;
WHEREAS the second motion (D.I. 17) was not in compliance with Local Rule 15.1, which
provides:
A party who moves to amend a pleading shall attach the pleading as
amended, and one copy, to the motion. In addition, the motion shall
include a form ofthe amended pleading which shall indicate in what
respect it differs from the pleading which it amends, by bracketing
materials to be deleted and underlining materials to be added. Any
amendment to a pleading, whether filed as a matter of course or upon
a motion to amend, must, except by leave of Court, reproduce the
entire pleading as amended, and may not incorporate any prior
pleading by reference. A failure to comply with this rule is not
grounds for denial of the motion. The amended pleading shall be
deemed filed as of the date of an order allowing the amendment,
unless the order otherwise provides.
WHEREAS the court will grant the motion and order the plaintiff to submit an amended
pleading which should comply with Rule 15.1 to the extent possible.

Case 1:05-cv—00051-G|\/IS Document 18 Filed 10/06/2005 Page 2 of 2
IT IS HEREBY ORDERED THAT:
1. The plaintiffs motion for preliminary injunction/temporary restraining order (D.I. 14) be
I DENIED; and
2. The plaintiffs motion to amend (D.I. 17) be GRANTED.
Dated: October 5 , 2005 .
E ST TES DIS CT JUDGE
2