Alonso-Prieto v. Pierce, et al.
Filing
20
ORDER Denying Miscellaneous Motions (ECF Nos. 18 , 19 ), signed by Magistrate Judge Michael J. Seng on 9/27/2012. (Fahrney, E)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
RAUL ERNEST ALONSO-PRIETO,
CASE No.
11
13
ORDER DENYING MISCELLANEOUS
MOTIONS
Plaintiff,
12
1:11-cv-00024-MJS (PC)
v.
(ECF Nos. 18, 19)
14
15
16
17
B. PIERCE, et al.,
Defendants.
/
18
19
20
Raul Ernest Alonso-Prieto (“Plaintiff”) is a federal prisoner proceeding pro se and
21
in forma pauperis in this civil rights action filed on January 6, 2011 pursuant to 42
22
U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of
23
Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). (ECF No. 1.)
24
On April 18, 2011, Plaintiff filed a First Amended Complaint (ECF No. 10),
25
26
without the Complaint having been screened by the Court. On August 21, 2012, the
27
-1-
1
Court dismissed the First Amended Complaint for failure to state a claim, but gave
2
leave to amend. (ECF No. 16.) On September 25, 2012, Plaintiff filed a Second
3
Amended Complaint (ECF No. 17), a motion requesting that discovery commence
4
5
(ECF No. 18), and a motion that exhibits to Plaintiff’s First Amended Complaint be
6
attached to the Second Amended Complaint. (ECF No. 19.) These two motions are
7
now before the Court.
8
9
10
The motion regarding discovery is denied. The Court has not yet identified any
cognizable claim and has not ordered service. Plaintiff will have an opportunity to
conduct discovery if and when Defendant(s) are served and appear in this action. The
11
12
Court’s First Informational Order, which was issued to Plaintiff when he filed his original
13
Complaint, specifically states, “After an answer is filed, the court will issue an order
14
opening discovery and setting the deadlines for completing discovery, amending
15
the pleadings, and filing pre-trial dispositive motions. No discovery may be conducted
16
without court permission until an answer is filed and the court issues the discovery
17
order.” (emphasis in original) (ECF No. 3.) Once the operative pleading has been
18
served and if Defendants file an answer, the Court will issue a discovery and scheduling
19
20
21
22
23
24
order which will provide the parties with time in which to conduct discovery. Plaintiff’s
discovery motion is premature.
The motion to attach exhibits, construed as a motion to supplement the Second
Amended Complaint, is denied. Amended pleadings must be complete within
themselves without reference to another pleading. Partial amendments are not
25
permissible. Local Rule 220. A plaintiff may not supplement as to events occurring prior
26
27
to the date of the pleading to be supplemented. Fed. R. Civ. P. 15(d). Here Plaintiff
-2-
1
seeks to impermissibly file a partial amendment supplementing the operative Second
2
Amended Complaint.
3
Accordingly, for the foregoing reasons, it is HEREBY ORDERED that Plaintiff’s
4
5
motion requesting that discovery commence (ECF No. 18) and his motion that exhibits
6
to First Amended Complaint be attached to the Second Amended Complaint (ECF No.
7
19) are DENIED.
8
9
10
11
12
IT IS SO ORDERED.
13
Dated:
14
ci4d6
September 27, 2012
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
27
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?