Contreras v. Moreno et al

Filing 12

ORDER Disregarding 11 Motion to Amend; ORDER Denying 10 Motion to Submit Evidence signed by Magistrate Judge Dennis L. Beck on 02/02/2009. (Flores, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 ROCKY MEL CONTRERAS, 9 10 Plaintiff, 11 v. 12 ERNIE MORENO, et al., 13 14 Defendants. 15 16 Plaintiff Rocky Mel Contreras ("Plaintiff"), appearing pro se and proceeding in forma 17 pauperis, filed this action on January 14, 2009. The Court dismissed the complaint with leave to 18 amend on January 20, 2009. Plaintiff's amended complaint is due on February 23, 2009. 19 On January 26, 2009, Plaintiff filed a motion to amend. In it, Plaintiff appears to expand 20 on the factual basis underlying his claims and add new causes of action. It is unclear whether 21 this is Plaintiff's amended complaint filed pursuant to the Court's January 20, 2009, order, or 22 whether this is a motion to amend the complaint that has been dismissed. The Court will not 23 assume that the motion is Plaintiff's amended complaint. Plaintiff's amended complaint must be 24 clearly labeled as such and be written in light of the Court's January 20, 2009, order. To the 25 extent that Plaintiff is attempting to amend the original complaint, that complaint has been 26 dismissed. Accordingly, Plaintiff's motion to amend is DISREGARDED. 27 28 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09cv0087 OWW DLB ORDER DISREGARDING MOTION TO AMEND (Document 11) ORDER DENYING MOTION TO SUBMIT EVIDENCE (Document 10)

UNITED STATES DISTRICT COURT

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On January 27, 2009, Plaintiff filed a "Motion to Submit Witness Testimony in Accordance to Rule 1007." He attaches the declaration of Barbara Anne Wilbourn. This case is not yet in the discovery or motion practice stage, nor is the Court ready to rule on evidentiary issues given that there is no operative complaint. The submission of evidence is therefore premature and the motion is DENIED. Plaintiff may include facts from Ms. Wilbourn's declaration in his amended complaint if they are relevant to his causes of action and will assist the Court in analyzing his claims. Plaintiff is reminded that at this stage of the proceeding, the Court is only concerned with whether Plaintiff's complaint states a valid cause of action. 28 U.S.C. 1915(e)(2).

IT IS SO ORDERED. Dated: 3b142a

February 2, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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