Brown v. United States of America et al

Filing 44

ORDER Denying 43 Plaintiff's Motion to Add, Amend, Correct, and Clarify Third Amended Complaint, signed by Magistrate Judge Michael J. Seng on 9/26/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH ANTHONY BROWN,

CASE No. 1:11-cv-01562-MJS (PC)

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ORDER DENYING PLAINTIFF’S MOTION
TO ADD, AMEND, CORRECT AND
CLARIFY THIRD AMENDED COMPLAINT

Plaintiff,

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v.

(ECF No. 43)
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UNITED STATES OF AMERICA, et al.,
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Defendants.

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/

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Plaintiff Joseph Anthony Brown, a federal prisoner proceeding pro se, filed this
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action on September 15, 2011 pursuant to 42 U.S.C. § 1983 and Bivens v. Six
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Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).
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(Compl., ECF No. 1.) Plaintiff consented to Magistrate Judge jurisdiction. (Consent, ECF
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No. 6.)
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On March 14, 2012, the Complaint was screened and dismissed for failure to
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state a claim but Plaintiff was given leave to amend. (Order Dismiss. Compl., ECF No.
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12.) On May 2, 2012, Plaintiff’s First Amended Complaint (First Am. Compl., ECF No.
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16) was similarly dismissed with leave to amend. (Order Dismiss. First Am. Compl.,
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ECF No. 22.) On August 24, 2012, Plaintiff (1) filed a motion to add a supplemental
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complaint (Mot. to Supp., ECF No. 33) and (2) lodged a second amended complaint.

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(Second Am. Compl., ECF No. 34.)

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On August 29, 2012, the Court ordered that Plaintiff notify it in writing whether he

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wished to proceed upon the lodged Second Amended Complaint or file a third amended

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complaint. (ECF No. 35.) On September 24, 2012, Plaintiff filed his Third Amended

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Complaint. (ECF No. 42.) Also on September 24, 2012, Plaintiff filed a motion to add,

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amend, correct and clarify the Third Amended Complaint (ECF No. 43). That latter

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motion is now before the Court.
The motion to add, amend, correct and clarify the Third Amended Complaint

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(ECF No. 43) is denied. Amended pleadings must be complete within themselves

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without reference to another pleading. Partial amendments are not permissible. Local

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Rule 220. Here Plaintiff seeks to impermissibly file a partial amendment supplementing

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the operative Third Amended Complaint.
Accordingly, for the foregoing reasons, it is HEREBY ORDERED that Plaintiff’s

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motion to add, amend, correct and clarify (ECF No. 43) is DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

September 26, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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