Polk v. Lattimore et al

Filing 16

ORDER Re Plaintiff's Notice Of Incorrect Date (Doc. 14 ), signed by Magistrate Judge Gary S. Austin on 2/13/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
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MARY LATTIMORE, et al.,
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Defendants.
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____________________________________)

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I.

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SUSAN MAE POLK,

1:12-cv-01156-GSA-PC
ORDER RE PLAINTIFF'S NOTICE OF
INCORRECT DATE
(Doc. 14.)

BACKGROUND

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Susan Mae Polk ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. § 1983. On July 16, 2012, Plaintiff filed the Complaint commencing this action.

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(Doc. 1.) On September 20, 2012, Plaintiff filed a First Amended Complaint. (Doc. 8.)

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On February 11, 2013, Plaintiff notified the Court that she inadvertently provided an incorrect

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date on the signature page of her First Amended Complaint. (Doc. 14.) Plaintiff asserts that she wrote

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"7/9/12" instead of "9-7-12." (Id.) Plaintiff now submits a new signature page with the corrected date

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and inquires whether the signature page can be replaced in the First Amended Complaint. (Id. at 2.)

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Plaintiff may not amend the First Amended Complaint in this manner. Under Local Rule 220,

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Plaintiff cannot amend the complaint by submitting only a corrected page, and the Clerk is not permitted

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to augment the record by adding or replacing pages in documents already filed. To amend the First

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Amended Complaint, Plaintiff would be required to file a Second Amended Complaint which is

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complete in itself, without reference to the First Amended Complaint. L. R. 220.

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Plaintiff's notice to the Court on February 11, 2013 is sufficient to correct the date of her

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signature. Plaintiff can be assured that because she has notified the Court on the record of her

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inadvertence in providing an incorrect signature date, the incorrect date shall not affect the litigation of

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her claims in this action.

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IT IS SO ORDERED.
Dated:
6i0kij

February 13, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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