United States District Court, D. Montana, Helena Division
ORDER AND FINDINGS AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Johnston, United States Magistrate Judge
are Plaintiff Lionel Ellison's motion to partially amend
original complaint (Doc. 28), motion to appoint master (Doc.
30), motion for reconsideration (Doc. 31), motion for
immediate assistance (Doc. 33), motion for show cause hearing
(Doc. 34), motion for emergency injunctive relief and TRO
(Doc. 35), and motion to incorporate petition for writ of
habeas corpus (Doc. 37). Defendants only responded to Mr.
Ellison's motion for immediate assistance (Doc. 36.)
MOTION TO AMEND (Doc. 28)
Rule 15.1 requires that, “[w]hen a party moves for
leave to amend or supplement a pleading, the proposed
pleading must be attached to the motion as an exhibit.”
Mr. Ellison did not submit a proposed pleading and therefore
his motion must be denied without prejudice subject to his
compliance with Local Rule 15.1.
Ellison is advised that if he is granted leave to file an
amended complaint, the Court cannot refer to the original
complaint or any supplements thereto to make the amended
complaint complete. The amended complaint must be complete in
itself without reference to any prior pleading. This is
because, as a general rule, an amended complaint supersedes
the original complaint. Loux v. Rhay, 375 F.2d 55,
57 (9th Cir.1967).
Mr. Ellison files an amended complaint, his original
complaint and any supplements to that complaint will no
longer serve any function in the case. Therefore, in an
amended complaint, as in an original complaint, each claim
and the involvement of each defendant must be sufficiently
alleged. If Mr. Ellison wants to file an amended pleading, he
must submit a proposed pleading which contains all the claims
he wants to pursue against all the defendants he wants to
MOTION TO APPOINT MASTER (Doc. 30)
Ellison asks the Court to appoint a master for him to contact
whenever a document is filed with the Court, whenever
anything is requested by the Court of Mr. Ellison, or
whenever he files a document. He then expects this
“master” to notify him by phone at MSP and by
U.S. Mail and to assist him with copies of all documents to
opposing counsel. He seeks such an appointment due to alleged
retaliatory acts by MSP and Defendants.
is no authority for the Court to appoint such an individual
and the Court has already denied Mr. Ellison's motion for
the appointment of counsel. The motion will be denied but in
the Court's Scheduling Order the Clerk of Court's
Office will be directed to provide Mr. Ellison with copies of
the pertinent local rules and Federal Rules of Civil
MOTION FOR RECONSIDERATION (Doc. 31)
Ellison asks the Court to reconsider its prior Order denying
his request for a preliminary and permanent injunction. (Doc.
31.) On June 21, 2017, the Court recommended to Chief
District Court Judge Christensen that he deny Mr.
Ellison's motions for injunction relief contained in his
Complaint and in his motion for temporary restraining order
and preliminary injunction. (Doc. 10.) Judge Christensen has
not yet ruled on those recommendations.
Rule 7.3 provides as follows:
(a) Leave of Court Required. Before the entry of a judgment
adjudicating all of the claims and the rights and liabilities
of all the parties in a case, any party may make a motion
before a judge requesting that the judge grant the party
leave to file a motion for reconsideration of any
interlocutory order made by that judge on any ground set
forth in L.R. 7.3(b)(1) or (2). No party may file a motion
for reconsideration without prior leave of court.
(b) Form and Content of Motion for Leave. A motion for leave
to file a motion for reconsideration must be limited to seven
pages and must specifically meet at least ...