Case 1:11-cv-00688-JEJ -JAS Document 41

Filed 12/11/11 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MING WEI Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, et al. Defendants

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No. 1:11-CV-00688 Judge Jones Magistrate Judge Smyser

JURY TRIAL DEMANDED

PLAINTIFFS MOTION FOR LEAVE TO FILE THE FOURTH AMENDED COMPLAINT

Plaintiff Ming Wei respectfully moves this Court for leave to file the fourth amended complaint (see attachment). Plaintiff certifies that he has emailed defendants counsel Mr. Michael Harvey a draft of proposed amended complaint and he said that he did not concur to amend the complaint. Plaintiff filed his complaint pro se on April 14, 2011 and amended to the second amended complaint subsequently. On Aug. 22, 2011, defendants filed their brief to dismiss plaintiffs complaint. Plaintiff then amended and filed the third amended complaint on Sept. 29, 2011. On Nov. 23, 2011, defendants filed a brief to support their motion to dismiss the third amended complaint. On Dec. 9, 2011, plaintiff filed a brief to oppose defendants motion to dismiss. After plaintiff requested the Commonwealth of Pennsylvania (COPA) for all information related to 2005 HIV lab data through the discovery process on Aug.12, 2011, COPA agreed to do so. On Oct. 5, 2011, plaintiff received some information related to 2005 HIV lab data released by the COPA. Since Oct 5, 2011, plaintiff has asked COPA to release remaining information related to 2005 HIV lab data several times because they are public records. The
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Case 1:11-cv-00688-JEJ -JAS Document 41

Filed 12/11/11 Page 2 of 3

COPA said that it worked diligently to find the documents but it delayed one time to another time to provide the documents and it still could not provide those key documents to plaintiff yet. For example, Pennsylvania Department of Health (PADOH) fired plaintiff under the just cause that he failed to complete its top priority of processing 2005 HIV lab data in Sept. 4 2007. However, during last 4 months to discover, COPA still claimed that it could not locate any PADOH documents to describe when it has completed processing 2005 data, the numbers of the new records and new cases related to 2005 HIV lab reports. Although COPA has not provided the documents related to the key issues yet, some unknown facts by plaintiff have been uncovered and were associated with the violations of the defendants and must be put into the amended complaint. Those uncovered facts also warrant to add Godwin Obiri and Robert Giallo as the defendants in the amended complaint. Pursuant to Rule 15(a), leave to amend shall be freely granted when justice so requires. In the absence of undue delay, bad faith, or dilatory motive on the part of the party proposing an amendment, leave should be granted. Foman v. Davis 1962 83 S. Ct. 227, 230, 371 US 178,182 Based on the foregoing and the openness of amendments under Civil Rule 15(a), plaintiff respectfully requests leave to amend his complaint. The proposed amended complaint are attached to this motion.

Respectfully Submitted:

_________________________________ Ming Wei 3910 Silver Brook Dr. Mechanicsburg, PA 17050 (717) 732-2040 mingweiebct@yahoo.com 12/11/2011
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Case 1:11-cv-00688-JEJ -JAS Document 41

Filed 12/11/11 Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MING WEI Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, et al.

) ) ) ) ) ) ) )
)

No. 1:11-CV-00688 Judge Jones Magistrate Judge Smyser

JURY TRIAL DEMANDED

Defendants

) PROOF OF SERVICE

I hereby certify that on December 10, 20l1, I electronically filed a PLAINTIFFS MOTION FOR LEAVE TO FILE THE FORUTH AMENDED COMPLAINT pro se with CM/ECF system, which will send notification of such filing(s) to all parties including defendants counsel of record.

Respectfully Submitted:

Ming Wei 3910 Silver Brook Dr. Mechanicsburg, PA 17050 (717) 732-2040 mingweiebct@yahoo.com 12/11/2011