Starr v. CDCR

Filing 60

ORDER signed by Magistrate Judge Gary S. Austin on 1/29/2013 for Clerk to detach Supplemental Complaint from 30 MOTION to COMPEL and Lodge it as a separate document. Order striking Supplemental Complaint lodged on 7/27/2012. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ROBIN GILLEN STARR,

12

Plaintiff,

13
14

1:11-cv-02108-AWI-GSA-PC
ORDER FOR CLERK TO DETACH
SUPPLEMENTAL COMPLAINT FROM
PLAINTIFF'S MOTION TO COMPEL AND
LODGE IT AS A SEPARATE DOCUMENT
(Doc. 30.)

v.
CDCR, et al.,

15

ORDER STRIKING SUPPLEMENTAL
COMPLAINT LODGED ON JULY 27, 2012

Defendants.
16
/
17
18

I.

BACKGROUND

19

Robin Gillen Starr (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

20

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

21

December 22, 2011. (Doc. 1.) The Court screened the Complaint pursuant to 28 U.S.C. § 1915A

22

and entered an order on January 23, 2013, dismissing the Complaint for failure to state a claim and

23

for violations of Rules 8 and 18, with leave for Plaintiff to file a First Amended Complaint within

24

thirty days. (Doc. 56.)

25

On July 27, 2012, Plaintiff filed a motion to compel, which was docketed by the Clerk as

26

Document 30 on the court record. (Doc. 30.) Upon recent review of the motion to compel, the Court

27

discovered that Plaintiff had also submitted a proposed supplemental complaint on July 27, 2012,

28

which was attached to the back of the motion to compel.
1

1

II.

THE CLERK SHALL LODGE THE SUPPLEMENTAL COMPLAINT

2

The Clerk shall be directed to remove the supplemental complaint from the back of the

3

motion to compel and re-scan it as a separate twelve-page document lodged on July 27, 2012. The

4

lodged supplemental complaint consists of twelve pages including the complaint itself, a summons,

5

a proposed order to show cause, two declarations, and a proof of service.

6

II.

SUPPLEMENTAL COMPLAINT

7

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

8

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

9

to be supplemented.” Fed. R. Civ. P. 15(d).

10

However, a party may only file a supplemental

complaint with leave of court. Id.

11

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

12

complaint. Therefore, the proposed supplemental complaint, lodged on July 27, 2012, shall be

13

stricken from the record.

14

III.

CONCLUSION

15

Based on the foregoing, IT IS HEREBY ORDERED that:

16

1.

The Clerk of Court is DIRECTED to detach Plaintiff's supplemental complaint from

17

the back of the motion to compel filed on July 27, 2012, and re-scan it as a separate

18

twelve-page document lodged on July 27, 2012 (the lodged supplemental complaint

19

consists of twelve pages including the complaint itself, a summons, a proposed order

20

to show cause, two declarations, and a proof of service); and

21

2.

22

Plaintiff's supplemental complaint, lodged on July 27, 2012, is STRICKEN from the
record.

23
24
25

IT IS SO ORDERED.
Dated:
6i0kij

January 29, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

26
27
28
2