On July 28, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Ainooson, W90887, Justice,
and
Kelly, Deputy Superintendent, Sheila Creaton,
Mici, Commissioner, Carol,
Nelligan, Director Of Classification, Abbe E.,
Smith, Correctional Program Officer, Kerry,
for Civil Actions with Incarcerated Party
in the District Court of Middlesex County.
Preview
1
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss Civil Action No.:
ne 2°8/CV
01 Foo
JUSTICE AINOOSON,
Plaintiff, IN THE OF Fi OF THE
Rg
FOR THE COl UNTY OF MIDDLESEX
ve AUG 21 2020
CAROL MICI, et al., JB of
2 Crefeca
CLERS
Defendants. em
PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AS
PURSUANT TO MASS. R. CIV. P. RULE 15
Now comes, the plaintiff in the above entitled matter, moving
for leave to amend his complaint as pursuant to Mass. R. Civ. P.
rule 15, to address the fact that important facts was left out of
his complaint, the plaintiff is seeking to amend his complaint for
the reasons below:
1. The plaintiff is an incarcerated pro se litigant who is
untrained in law;
2. Plaintiff complaint has valid constitutional and statutory
claims and it is in the interest of justice to allow the amendment
of his complaint;
3. This is the first time that the plaintiff has moved to
amend his complaint.
4. The amendment is needed to include key additional facts
within in his complaint, thus addressing a deficiency.
ARGUMENT
The plaintiff: brings: this motion for leave to amend his
complaint to correct a deficiency, to prevent his complaint from
Page 1
being dismissed for a minor deficiency. The plaintiff should be
allowed the opportunity to apply for leave to amend his complaint
to address any deficiencies. see Mathias v. Beatrice, Foods Co., 23
Mass. App. Ct. 915 (1986), Brown v. Fairview State Hospital, 386
¥.Supp. 607 (1974). The Court should freely give leave to amend
-
the complaint when justice requires. see Lira v. Herrera, 427 F.3d
1164, 1169-1170 (9th Cir. 2005) (it is improper to deny leave to amend
a complaint unless it is clear the complaint could not be saved by
amendment).
WHEREFORE, the plaintiff respectfully ‘requests that this
Honorable Court GRANT the plaintiff leave to file an Amended
Complaint (see Amended Verified Civil Action Complaint
contemporaneously filed) in. the interest of Justice.
Date: A gest 1G Jor0 Respectfully Submitted,
ustice Ainooson, pro. se
W90887
P.O. Box 9106
Concord, MA 01742
Page 2
Document Filed Date
August 21, 2020
Case Filing Date
July 28, 2020
Category
Civil Actions with Incarcerated Party
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1 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss Civil Action No.: ne 2°8/CV 01 Foo JUSTICE AINOOSON, Plaintiff, IN THE OF Fi OF THE Rg FOR THE COl UNTY OF MIDDLESEX ve AUG 21 2020 CAROL MICI, et al., JB of 2 Crefeca CLERS Defendants. em PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AS PURSUANT TO MASS. R. CIV. P. RULE 15 Now comes, the plaintiff in the above entitled matter, moving for leave to amend his complaint as pursuant to Mass. R. Civ. P. rule 15, to address the fact that important facts was left out of his complaint, the plaintiff is seeking to amend his complaint for the reasons below: 1. The plaintiff is an incarcerated pro se litigant who is untrained in law; 2. Plaintiff complaint has valid constitutional and statutory claims and it is in the interest of justice to allow the amendment of his complaint; 3. This is the first time that the plaintiff has moved to amend his complaint. 4. The amendment is needed to include key additional facts within in his complaint, thus addressing a deficiency. ARGUMENT The plaintiff: brings: this motion for leave to amend his complaint to correct a deficiency, to prevent his complaint from Page 1 being dismissed for a minor deficiency. The plaintiff should be allowed the opportunity to apply for leave to amend his complaint to address any deficiencies. see Mathias v. Beatrice, Foods Co., 23 Mass. App. Ct. 915 (1986), Brown v. Fairview State Hospital, 386 ¥.Supp. 607 (1974). The Court should freely give leave to amend - the complaint when justice requires. see Lira v. Herrera, 427 F.3d 1164, 1169-1170 (9th Cir. 2005) (it is improper to deny leave to amend a complaint unless it is clear the complaint could not be saved by amendment). WHEREFORE, the plaintiff respectfully ‘requests that this Honorable Court GRANT the plaintiff leave to file an Amended Complaint (see Amended Verified Civil Action Complaint contemporaneously filed) in. the interest of Justice. Date: A gest 1G Jor0 Respectfully Submitted, ustice Ainooson, pro. se W90887 P.O. Box 9106 Concord, MA 01742 Page 2