Yates v. King et al

Filing 89

ORDER Denying 88 Motion to Amend Complaint signed by Magistrate Judge Sandra M. Snyder on 12/11/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THEODORE BRITTON YATES,

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Case No. 1:10-CV-00530-SMS

Plaintiff,
ORDER DENYING MOTION
TO AMEND COMPLAINT

v.
C. KING, et al.,

(Doc. 88)

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Defendants.

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On May 27, 2011, the Court granted Defendants' motion to dismiss this case for Plaintiff's

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failure to exhaust his administrative remedies, and the Clerk entered judgment against Plaintiff. On

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June 15, 2011, Plaintiff filed an appeal in the U.S. Court of Appeals for the Ninth Circuit, which he

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voluntarily dismissed on July 14, 2011. On December 5, 2013, Plaintiff moved to refile his

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complaint, adding a new retaliation claim against former Defendant C. King.
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The Federal Rules of Civil Procedure do not contemplate the re-opening of a closed case to

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add new claims against a former defendant. If Plaintiff wishes to file new claims against former

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Defendant King, the proper procedure is to initiate a new case by filing a new complaint against

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King that alleges the claim that has arisen since the prior matter was closed.

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Plaintiff's motion to refile Case No. 1:10-cv-530-SMS (PC) is hereby DENIED.

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IT IS SO ORDERED.

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Dated:

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December 11, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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