By: Daily Record Staff//April 28, 2013//
U.S. District Court, WDNY
Amended Complaint
Sufficiency
Moran v. Levowitz, et al.
10-cv-6178CJS
Judge Payson
Background: The plaintiff commenced an action alleging that the defendants were deliberately indifferent to his medical needs. Specifically, the plaintiff alleged that he contracted a skin infection while incarcerated at the Erie County Holding Center. He alleged that his request for outside medical treatment had been denied. The plaintiff moved for leave to file a second amended complaint.
Ruling: The District Court denied the motion without prejudice. The court found that his proposed amended complaint failed to re-allege the allegations of the original complaint. Nor had the proposed amended complaint reference the four named defendants in the action.
James J. Moran, pro se; Shawn P. Hennessy of the Erie County Department of Law for the defendant