Valencia v. Kokor

Filing 11

ORDER GRANTING 8 Plaintiff's Motion to Amend as Moot signed by Magistrate Judge Dennis L. Beck on 1/8/2014. Amended Complaint due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL G. VALENCIA,

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Plaintiff,

Case No. 1:13-cv-01391 DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION TO AMEND AS MOOT

v.
(Document 8)

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WINFRED KOKOR,
Defendant.

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Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 30, 2013. The

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complaint is currently awaiting screening.

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On January 2, 2014, Plaintiff filed a Motion to File an Amended Complaint. Plaintiff states

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that he wants to add facts relating to medical care obtained after the filing of his original complaint.

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The Court construes this as a request to file a supplemental pleading.

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

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

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to be supplemented.” Fed. R. Civ. P. 15(d). Rule 15(d) does not require the moving party to satisfy

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a transactional test, but there must still be a relationship between the claim in the original pleading

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and the claims sought to be added. Keith v. Volpe, 858 F.2d 467, 474 (9th Cir. 1988). Thus,

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“[w]hile leave to permit supplemental pleading is favored, it cannot be used to introduce a separate,
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distinct and new cause of action.” Planned Parenthood of Southern Arizona v. Neely, 130 F.3d 400,

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402 (9th Cir. 1997) (internal quotation marks and citation omitted).
Plaintiff’s complaint alleges that Defendant Kokor failed to properly treat his pain. The

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proposed supplement includes identical allegations occurring for a complaint was filed. Where the

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proposed additions are a continuation of the allegations in the original complaint, leave should be

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granted to file a supplemental pleading.
Accordingly, Plaintiff’s motion is GRANTED. Plaintiff SHALLL file an amended

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complaint within thirty (30) days of the date of service of this order.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

January 8, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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