Powell v. Madden, et al.

Filing 48

ORDER Regarding Motion at Docket 46 , signed by Chief Judge Ralph R. Beistline on 3/5/14: Motion is DENIED. (Hellings, J)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TONY EDWARD POWELL,
Case No. 1:13-cv-00057-RRB
Plaintiff,
vs.

ORDER REGARDING
MOTION AT DOCKET 46

MADDEN, et al.,
Defendants.

At Docket 46 Plaintiff Tony Edward Powell, a federal prisoner appearing pro se,
filed a document entitled “Petition for More Definite Statement.” Powell seeks relief under
Federal Rule of Civil Procedure 12(e) or, in the alternative, the Court reconsider its Order
at Docket 42 denying his motion to add defendants under Federal Rule of Civil Procedure
59(e). Powell filed a document entitled “Addendum” in which he sought to add ten
additional defendants,1 which was opposed.2 The Court, treating the “Addendum” as the
functional equivalent of a motion to amend the complaint, denied the motion on the basis
that mere conclusory allegations without supporting facts were insufficient as a matter of
law to state a viable cause of action against the additional defendants. Although Powell
attempts to remedy the defects in his prior motion, he has still fallen far short of properly
seeking leave to amend his complaint to add parties.
1

Docket 36.

2

Docket 39.

ORDER REGARDING MOTION AT DOCKET 46
Powell v. Madden, 1:13-cv-00057-RRB – 1

Accordingly, the Petition for More Definite Statement at Docket 46 is DENIED.
If Powell wishes to amend his complaint to add additional parties, he must seek
leave of court to do so by motion,3 and comply with the provisions of Local Rules 137(c)4
and 220.5
IT IS SO ORDERED this 5th day of March, 2014.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

3

Fed. R. Civ. P. 15(a).

4

L.R. 137(c) provides in relevant part:
Documents Requiring Leave of Court. If filing a document requires leave
of court, such as an amended complaint after the time to amend as a matter
of course has expired, counsel shall attach the document proposed to be
filed as an exhibit to moving papers seeking such leave and lodge a
proposed order as required by these Rules.
5

L.R. 220 provides:
As used in this Rule, the term "changed pleadings" shall refer to amended
and supplemental pleadings permitted and filed pursuant to Fed. R. Civ. P.
15.
Unless prior approval to the contrary is obtained from the Court, every
pleading to which an amendment or supplement is permitted as a matter of
right or has been allowed by court order shall be retyped and filed so that it
is complete in itself without reference to the prior or superseded pleading.
No pleading shall be deemed amended or supplemented until this Rule has
been complied with. All changed pleadings shall contain copies of all
exhibits referred to in the changed pleading. Permission may be obtained
from the Court, if desired, for the removal of any exhibit or exhibits attached
to a superseded pleading, in order that the same may be attached to the
changed pleading.
ORDER REGARDING MOTION AT DOCKET 46
Powell v. Madden, 1:13-cv-00057-RRB – 2