Walker v. Susano et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEONDRE WALKER,
Plaintiff,
vs.
ANTHONY SUSANO, Corporal; and
JENNINGS, Corporal;
Defendants.
8:25CV488
MEMORANDUM AND ORDER
This matter is before this Court on a motion filed by Plaintiff Leondre
Walker (“Plaintiff”), seeking an extension of 90 days to “prepare [his] case” (the
“Motion”). Filing No. 20. The Motion shall be denied without prejudice to
reassertion for the reasons that follow.
Plaintiff filed his Complaint on August 1, 2025. Filing No. 1. Since its
filing Plaintiff has filed seven supplements to be considered along with the
allegations set forth in his Complaint (the “Supplements”). See Filing Nos. 5,
10, 12, 13, 14, 15, and 16. As Plaintiff has filed both a complaint and multiple
supplements, it is unclear to this Court from the Motion if Plaintiff’s extension
to prepare his case references additional time to amend his Complaint, to
further supplement it, or for some other reason.1 See Filing No. 20.
1 Plaintiff argues that he requires an extension of 90-days from November 20, 2025, in which to prepare
his case because since the filing of the instant matter he has been unable to access the law library due
to being transferred to a part of the prison with limited law library access. Filing No. 20 at 1. While
90-day extensions to amend or supplement a complaint is generally a longer period than is granted for
such requests, the Court shall not further address the extensive time period requested, due to the
Motion’s denial.
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As the Court has yet to perform its initial review of Plaintiff’s Complaint
and Supplements,2 this Court may grant leave to further supplement or
amend. See Fed. R. Civ. P. 15(a)(2) (providing that “[t]he court should freely
give leave [to amend] when justice so requires.”). However, to date Plaintiff has
filed seven supplements, rendering it difficult for this Court to discern and
review Plaintiff’s claims because of the piecemeal and narrative nature of
Plaintiff’s filings. Moreover, his filings have failed to comply with the local
rules of this Court, providing that “[a] party who moves for leave to amend a
pleading (including a request to add parties) must file as an attachment to the
motion an unsigned copy of the proposed amended pleading that clearly
identifies the proposed amendments.” NECivR 15.1(a). As such, the Motion
shall be denied.
However, if Plaintiff intends to refile his motion and amend his
complaint, an amended complaint will supersede, not supplement, the
previously filed Complaint at Filing No. 1 and all Supplements. If
Plaintiff intends to file an amended complaint Plaintiff must include
all of the claims he wishes to pursue against all of the individuals that
he wishes to proceed against in any amended complaint, without
relying upon or incorporating by reference any allegations made in
the Complaint or Supplements. Plaintiff should be mindful to explain
in an amended complaint what each defendant did to him, when and
where the defendant did it, and how the defendant’s actions harmed
2 The Court is required to review in forma pauperis complaints filed by prisoners such as Plaintiff to
determine whether summary dismissal is appropriate. See 28 U.S.C. §§ 1915(e) and 1915A. The Court
must dismiss a complaint or any portion of it that states a frivolous or malicious claim, that fails to
state a claim upon which relief may be granted, or that seeks monetary relief from a defendant who is
immune from such relief. 28 U.S.C. § 1915(e)(2)(B). As Plaintiff is proceeding in forma pauperis, see
Filing No. 11 (granting Plaintiff leave to proceed in forma pauperis), this Court must perform an initial
review of Plaintiff’s complaint prior to progressing the case.
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him. Plaintiff is encouraged to use the form complaint enclosed with this order
if amending his complaint.
IT IS THEREFORE ORDERED that:
1. The Motion seeking an extension, Filing No. 20, is denied without
prejudice to reassertion. If Plaintiff chooses to refile his Motion, he must
specifically state whether he seeks additional time to further supplement or
amend his Complaint and do so in compliance with the Federal Rules of Civil
Procedure and the local rules of this Court.
2. The Clerk of the Court is directed to send Plaintiff the Form Pro Se
14 (“Complaint for Violation of Civil Rights (Prisoner)”). Plaintiff is encouraged
to use this form in the event Plaintiff intends to file an amended complaint.
Dated this 8th day of January, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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