Carter v. Munoz et al

Filing 45

ORDER DENYING 41 Motion to File Supplemental Complaint, and DISREGARDING Supplemental Complaint signed by Magistrate Judge Sandra M. Snyder on 11/10/2009. (Bradley, A)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Although entitled as a motion, Plaintiff did not include a separate motion, and the filing itself is the p r o p o s e d supplemental complaint. 1 UNITED STATES DISTRICT COURT DESHA M. CARTER, Plaintiff, v. C. MUNOZ, et al., CASE NO. 1:07-cv-01736-SMS PC ORDER DENYING MOTION TO FILE SUPPLEMENTAL COMPLAINT, AND DISREGARDING SUPPLEMENTAL COMPLAINT (Doc. 41) Defendants. / Plaintiff Desha M. Carter is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 6, 2009, Plaintiff filed a supplemental complaint.1 Fed. R. Civ. P. 15(d). The deadline for amending the pleadings, which includes supplementing pleadings, was July 9, 2009. Plaintiff's attempt to supplement is untimely, and is not supported by a showing of good cause. Fed. R. Civ. P. 16(b). The motion is DENIED, and the supplemental complaint is DISREGARDED. IT IS SO ORDERED. Dated: icido3 November 10, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 1

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