Penton v. Boesing

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARLON A. PENTON, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 4:25-cv-888-ACL
)
BRYAN BOESING, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
The matter is now before the Court on the motion of Plaintiff Marlon A. Penton to
amend/correct the complaint. (ECF No. 20). After reviewing the record and the motion, the
Court will deny the motion.
On October 30, 2025, Plaintiff filed this motion stating he wishes to “correct any
technicalities” in his complaint. Id. at 1. Plaintiff does not state what these technicalities are, nor
does he include his proposed amended complaint along with his motion.
“[I]n order to preserve the right to amend the complaint, a party must submit the
proposed amendment along with its motion.” Clayton v. White Hall School Dist., 778 F.2d 457,
460 (8th Cir. 1985); see Wolgin v. Simon, 722 F.2d 389, 395 (8th Cir. 1983) (“Absent some
indication as to what might be added to the complaint to make it viable, the [moving party] is not
entitled to leave to amend.”). Based on this, Plaintiff’s motion to amend/correct the complaint
will be denied.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion to amend/correct complaint (ECF
No. 20) is DENIED.
Case: 4:25-cv-00888-ACL Doc. #: 22 Filed: 11/07/25 Page: 1 of 2 PageID #:
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Dated this 7th day of November, 2025.
/s/ Abbie Crites-Leoni
ABBIE CRITES-LEONI
UNITED STATES MAGISTRATE JUDGE
Case: 4:25-cv-00888-ACL Doc. #: 22 Filed: 11/07/25 Page: 2 of 2 PageID #:
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