IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

CHARLES D. HELLOMS PLAINTIFF ADC #146908

v. No: 5:19-cv-00146 BRW-PSH

IVORY T. McDANIEL, et al. DEFENDANTS

ORDER

Before the Court is a motion to amend complaint (Doc. No. 16) filed by plaintiff Charles D. Helloms. Helloms seeks to amend his complaint to add defendants and new claims. The factual basis of Helloms’ claims against each defendant is not clear. Accordingly, Helloms’ motion is denied. If Helloms seeks to amend his complaint to add new claims, he must file a motion with a complete copy of an amended complaint on a § 1983 form, and the factual basis for his claim against each defendant must be clear. An amended complaint will render his original complaint without legal effect, and only claims properly set out in the amended complaint will be allowed to proceed if his motion is granted. If Helloms proposes to add new claims, he should be aware that if the new allegations are separate and distinct from the claims asserted in the underlying lawsuit, the new allegations may not be joined in this lawsuit. See Fed. R. Civil P. 20. Additionally, Helloms is advised that adding new allegations based on events occurring after the lawsuit was filed is likely futile because he could not have exhausted his administrative remedies on these new claims before he filed the original lawsuit. The Eighth Circuit Court of Appeals has held that exhaustion must occur before a lawsuit is filed. See generally Johnson v. Jones,

, 628 (8th Cir. 2003). See also Tyler v. Kelley, No. 5:17CV00239-JLH-JTK,

, at *3 (E.D. Ark. Mar. 2, 2018); Dunahue v. Bolden, No. 5:16CV00105 BSM/JTR,

, at *2 (E.D. Ark. Dec. 19, 2016). IT IS SO ORDERED this 19" day of July, 2019.

UNITED STATES BH JUDGE