Jailhouse Lawyer's Handbook - Sentencing and Justice Reform ...

AMENDED COMPLAINT
Plaintiff [your name], pursuant to Rules 15(a) and 19(a),
Fed. R. Civ. P., requests leave to file an amended
complaint adding a party.
1. The plaintiff in his original complaint named a John Doe
Defendant.
2. Since the filing of the complaint the plaintiff has
determined that the name of the John Doe defendant is
[defendant’s name]. Paragraphs [paragraphs in which you
refer to John Doe] are amended to reflect the identity and
the actions of Officer {defendant’s name].
3. This Court should grant leave freely to amend a
complaint. Foman v. Davis, 371 U.S. 178, 182 (1962).
[Date]
Respectfully submitted,
[Plaintiff’s name]
[Plaintiff’s Address]
2. Declaration for Entry of Default.
In the United States District Court
For the _____________________
-------------------------------------------x
Name of first plaintiff :
in the case, et al., :
Plaintiffs, :
:
v. : Civil Action No.__
:
Name of first defendant :
in the case, et al., :
Defendants :
-------------------------------------------x
DECLARATION FOR ENTRY OF DEFAULT
[Your name], hereby declares:
I am the plaintiff herein. The complaint herein
was filled on the [day you filed the complaint] of [month,
year you filed the complaint].
The court files and record herein show that the
Defendants were served by the United States Marshal with
a copy of summons, and a copy of the Plaintiffs’ complaint
on the [day of service] of [month, year of service].
More than 20 days have elapsed since the date on
which the Defendants herein were served with summons
and a copy of Plaintiffs’ complaint, excluding the date
thereof.
The Defendants have failed to answer or
otherwise defend as to Plaintiffs’ complaint, or serve a
copy of any answer or any defense which it might have
had, upon affiant or any other plaintiff herein.
Defendants are not in the military service and are
not infants or incompetents.
I declare under penalty of perjury that the
foregoing is true and correct. Executed at (city and
state) on (date).
________________________
Signature.
3. Motion for Judgment by Default.
You only need to submit this Motion if the court
clerk enters a default against the defendant.
In the United States District Court
For the _____________________
-------------------------------------------x
Name of first plaintiff :
in the case, et al., :
Plaintiffs, :
:
v. : Civil Action No.__
:
Name of first defendant :
in the case, et al., :
Defendants :
-------------------------------------------x
MOTION FOR DEFAULT JUDGMENT
Plaintiffs move this court for a judgment by
default in this action, and show that the complaint in the
above case was filed in this court on the [date filed] day of
[month, year filed]; the summons and complaint were duly
served on the Defendant, [Defendants’ names] on the [date
served] day of [month, year served]; no answer or other
defense has been filed by the Defendant; default was
entered in the civil docket in the office of this clerk on the
[day default entered] day of [month, year default entered];
no proceedings have been taken by the Defendant since the
default was entered; Defendant was not in military service
and is not an infant or incompetent as appears in the
declaration of [your name] submitted herewith.
Wherefore, plaintiff moves that this court make
and enter a judgment that [same as prayer for relief in
complaint]
Dated: ________
[your signature]
Plaintiffs’ Names and Addresses
JAILHOUSE LAWYERS HANDBOOK - APPENDIX
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