Nguyen v. Biter et al

Filing 75

ORDER signed by Magistrate Judge Sheila K. Oberto on 2/26/2013 granting 70 Motion for leave to file a supplemental complaint and directing clerk's office to file 71 Proposed Supplemental Complaint. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY NGUYEN,

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Plaintiff,

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CASE NO. 1:11-cv-00809-AWI-SKO PC
ORDER GRANTING PLAINTIFF’S MOTION
FOR LEAVE TO FILE A SUPPLEMENTAL
COMPLAINT AND DIRECTING CLERK’S
OFFICE TO FILE PROPOSED
SUPPLEMENTAL COMPLAINT

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

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Defendants.

(Docs. 70 and 71)
/

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

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civil rights action pursuant to 42 U.S.C. § 1983 on May 18, 2011. On December 17, 2012, Plaintiff

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filed his second motion seeking leave to file a supplemental complaint, accompanied by a proposed

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supplemental complaint.

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Pursuant to Rule 15(d), “the court may, on just terms, permit a party to serve a supplemental

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pleading setting out any transaction, occurrence, or event that happened after the date of the pleading

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to be supplemented.” Fed. R. Civ. P. 15(d). Rule 15(d) does not require the moving party to satisfy

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a transactional test, but there must still be a relationship between the claim in the original pleading

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and the claims sought to be added. Keith v. Volpe, 858 F.2d 467, 474 (9th Cir. 1988).

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Plaintiff asserts he is seeking leave to file a supplemental complaint to set forth “quasi-

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injuries” which have subsequently developed. (Doc. 70.) “Quasi-injury” is not a recognized term

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in this context, but assuming Plaintiff is merely referring to actual injuries which developed after he

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filed the original complaint upon which this action proceeds and which are articulated in his

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proposed supplemental complaint, Plaintiff’s motion is HEREBY GRANTED and the Clerk’s Office

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shall file in the proposed supplemental complaint.

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IT IS SO ORDERED.

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Dated:
ie14hj

February 26, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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