Starr v. CDCR

Filing 41

ORDER STRIKING Supplemental Complaint Lodged on July 18, 2012 26 , signed by Magistrate Judge Gary S. Austin on 9/24/12: Plaintiff's Supplemental Complaint, lodged on July 18, 2012, is STRICKEN from the Court's record. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,

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Plaintiff,
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v.
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CDCR,
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Defendant.
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____________________________________)

1:11-cv-02108-AWI-GSA-PC
ORDER STRIKING SUPPLEMENTAL
COMPLAINT LODGED ON JULY 18,
2012
(Doc. 26.)

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Robin Gillen Starr ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this

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action on December 22, 2011. (Doc. 1.) On January 19, 2012, Plaintiff filed a motion to amend the

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Complaint. (Doc. 10.) On January 23, 2012, the Court issued an order informing Plaintiff that he has

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leave to amend the Complaint once as a matter of course, granting Plaintiff thirty days in which to

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amend the Complaint. (Doc. 11.) On February 15, 2012, Plaintiff filed another motion to amend the

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Complaint. (Doc. 14.) On February 16, 2012, the Court issued an order denying Plaintiff’s February

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15 motion as moot, in light of the January 23 order. (Doc. 15.) On April 6, 2012, Plaintiff filed another

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motion to amend the Complaint. (Doc. 21.) On June 26, 2012, the Court issued an order granting

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Plaintiff leave to file an amended complaint within thirty days. (Doc. 23.) On July 18, 2012, Plaintiff

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submitted a Supplemental Complaint which was lodged by the Court on the same date. (Doc. 26.)

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

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

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supplemented.” Fed. R. Civ. P. 15(d). However, a party may only file a supplemental complaint with

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leave of court. Id. Here, Plaintiff has not requested, nor been granted, leave of court to file a

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supplemental complaint.

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defendants arising in 2012, after the Complaint commencing this action was filed. The Court’s order

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granting Plaintiff leave to amend did not grant him leave to file a supplemental complaint. In fact,

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Plaintiff was advised in the Court’s order of January 23, 2012 that he did not have leave “to add new

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defendants relating to issues arising after December 22, 2011," and that he must “include only those

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claims that have been exhausted prior to the initiation of this suit on December 22, 2011.” (Doc. 11.)

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Therefore, Plaintiff does not have leave to file a supplemental complaint, and the Supplemental

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Complaint lodged on July 18, 2012, shall be stricken from the record.

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Plaintiff’s lodged Supplemental Complaint recites allegations against

Based on the foregoing, IT IS HEREBY ORDERED THAT Plaintiff’s Supplemental Complaint,
lodged on July 18, 2012, is STRICKEN from the Court’s record.

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IT IS SO ORDERED.
Dated:
6i0kij

September 24, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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