Felton v. Lopez, et al.

Filing 17

ORDER Denying 16 Plaintiff's Renewed Motion for Leave to File Supplemental Complaint, Without Prejudice, signed by Magistrate Judge Gary S. Austin on 3/18/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN FELTON,

1:12-cv-01066-AWI-GSA-PC

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ORDER DENYING PLAINTIFF’S RENEWED
MOTION FOR LEAVE TO FILE
SUPPLEMENTAL COMPLAINT, WITHOUT
PREJUDICE
(Doc. 16.)

Plaintiff,
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v.

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J. LOPEZ, et al.,

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Defendants.
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/
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Kelvin Felton (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this

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

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action on June 29, 2012. (Doc. 1.)

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On February 13, 2013, the Court issued an order denying Plaintiff's motion to supplement

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the Complaint, without prejudice to renewal of the motion with Plaintiff's declaration signed under

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penalty of perjury, stating that he had exhausted administrative remedies for a later-occurring

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incident he seeks to add to the Complaint. (Doc. 12.) On March 13, 2013, Plaintiff filed a renewed

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motion for leave to file a supplemental complaint. (Doc. 16.)

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In the renewed motion, Plaintiff explains that he attempted, but was prevented from,

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exhausting administrative remedies for the later-occurring incident. However, Plaintiff's explanation

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was not submitted to the Court in the form of a declaration signed under penalty of perjury, as
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required by the Court's order. Therefore, Plaintiff's renewed motion shall be denied without

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prejudice to submitting another renewed motion which includes Plaintiff's declaration.

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Plaintiff is advised that his declaration must be dated and signed by Plaintiff, attesting under

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penalty of perjury to facts known by Plaintiff, in substantially the following form: “I declare under

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penalty of perjury that the foregoing is true and correct. Executed on (date) . (Signature).” Such a

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declaration, if properly prepared, is admissible in federal court with the same effect as an affidavit.

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28 U.S.C. § 1746.

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Based on the foregoing, Plaintiff's motion to file a supplemental complaint, filed on March
13, 2013, is DENIED, without prejudice to renewal of the motion as instructed by this order.

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IT IS SO ORDERED.
Dated:
6i0kij

March 18, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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