UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LAVARON MORRIS, on behalf

of himself and a class of

others similarly situated,

Case No. 14-12791

HON. AVERN COHN

Plaintiffs,

v.

CITY OF DETROIT,

Defendant.

____________________________________/

MEMORANDUM AND ORDER

DENYING PLAINTIFF’S MOTION TO SUPPLEMENT COMPLAINT (Doc. 17)

I.

This is a prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff Lavaron

Morris is a Michigan prisoner confined at the Muskegon Correctional Facility. In his pro

se complaint, he challenged the Detroit Police Department’s “inhumane and unlawful

system for detaining persons under the Department’s control” incommunicado and

subjecting them to “torturous mistreatment in order to accomplish unjust ends,” “on

behalf of himself and a class of others similarly situated.” On October 22, 2014, the

Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B) because it did not

contain sufficient facts to support a plausible claim for relief. (Doc. 10).

Before the Court is Morris’ motion to supplement the complaint. (Doc. 17). As

will be explained, this is the third of such motions Morris has filed since the case was

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closed. For the reasons that follow, the motion is DENIED.

II.

After the Court dismissed the complaint, Morris filed two motions under Fed. R.

Civ. P. 15(d), filed December 29, 2104 and January 23, 2015 respectively. (Docs. 13

and 14). In the motions, Morris sought to amend and/or supplement the complaint with

additional factual allegations.1

The Court denied both motions, explaining:

Morris’ motions are an attempt to cure the deficiencies in the original

complaint. The Sixth Circuit, however, has held that, in prisoner cases where the

plaintiff is proceeding in forma pauperis, as was Morris, “[t]he district court must

dismiss a complaint without first affording a plaintiff leave to amend.” Bright v.

Thompson, No. 11–5732, 2012 WL 833662, at *1 (6th Cir. March 13, 2012)

(citing Benson v. O'Brian, 179 F.3d 1014, 1015–16 (6th Cir.1999)). See also

Cantley v. Armstrong, No. 09–1092, 2010 WL 3245548, at * 1 (6th Cir.2010) (

“district courts are not to permit plaintiffs to amend a complaint to avoid

dismissal”); Shorter v. Campbell, 59 F. App'x 673, 675 (6th Cir.2003) (“As the

plaintiffs' complaint was dismissible under 42 U.S.C. §§ 1915(e) and 1915A, they

did not have the right to amend their complaint prior to dismissal.”); McGore v.

Wrigglesworth, 114 F.3d 601, 612 (6th Cir.1997); Ashley v. Wilson, No.

10–10512, 2010 WL 1246525, at *1 (E.D. Mich. March 25, 2010) (“The Court

does not have discretion to allow prisoners filing suit in forma pauperis to amend

their complaint to avoid sua sponte dismissal....”); Corrion v. Ludwick, No.

09–11531, 2009 WL 3273737, at *1 (E.D.Mich. Oct.13, 2009) (“prisoners may not

alter or amend their complaints to avoid a summary dismissal”); McGore v. Lutz,

No. 09–13031, 2009 WL 2959874, at *1 (E.D. Mich. Sept. 11, 2009).

(Doc. 16).

The same is true of Morris third motion to supplement the complaint. Morris

cannot amend his complaint to avoid or alter the dismissal. As previously explained in

the order dismissing the complaint and order denying his motions to supplement, should

Morris wish to pursue his claims, he must file a new complaint which contains detailed

1

The motions also named additional defendants beyond the City of Detroit.

2

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statements as to his specific circumstances and the basis for his claims. The new

complaint must be given a new case number. Morris cannot file a new complaint

using the case number in this case.

SO ORDERED.

 S/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: February 25, 2015

I hereby certify that a copy of the foregoing document was mailed to the attorneys of

record on this date, February 25, 2015, by electronic and/or ordinary mail.

S/ Karri Sandusky for Sakne Chami 

Case Manager, (313) 234-5160

3

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