Nguyen v. Biter et al

Filing 52

ORDER DENYING Plaintiff's 50 Motion for Leave to File a Supplemental Complaint and for Form signed by Magistrate Judge Sheila K. Oberto on 1/25/2012. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

ANTHONY NGUYEN,

10

Plaintiff,

11
12

CASE NO. 1:11-cv-00809-AWI-SKO PC
ORDER DENYING PLAINTIFF’S MOTION
FOR LEAVE TO FILE A SUPPLEMENTAL
COMPLAINT AND FOR FORM

v.
M. D. BITER, et al.,

13

(Doc. 50)
Defendants.
/

14
15

Plaintiff Anthony Nguyen, a state prisoner proceeding pro se and in forma pauperis, filed this

16

civil rights action pursuant to 42 U.S.C. § 1983 on May 18, 2011. On January 13, 2012, Plaintiff

17

filed a motion seeking leave to file a supplemental complaint and for a supplemental complaint form.

18

Rule 15(d) provides that “[o]n motion and reasonable notice, the court may, on just terms,

19

permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that

20

happened after the date of the pleading to be supplemented.” Fed. R. Civ. P. 15(d). However, a

21

motion seeking relief from the Court must “state with particularity the grounds for seeking the

22

order.” Fed. R. Civ. P. 7(b)(1)(B).

23

The Court will not grant Plaintiff leave to file a supplemental complaint in the absence of any

24

showing by Plaintiff regarding the grounds for supplementation and in the absence of the submission

25

of a proposed supplemental complaint. Plaintiff’s motion is HEREBY DENIED on those grounds.

26

///

27

///

28

///
1

1

Further, Plaintiff’s motion for a supplemental form complaint is also DENIED. The Court

2

does not have a form complaint for supplemental complaints. Plaintiff may either handwrite his

3

supplemental complaint or use the complaint form available at the prison, making any necessary

4

changes to the caption to reflect it is a supplemental complaint.

5
6

IT IS SO ORDERED.

7

Dated:
ie14hj

January 25, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2