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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL G. VALENCIA, 12 13 Plaintiff, Case No. 1:13-cv-01391 DLB PC ORDER GRANTING PLAINTIFF’S MOTION TO AMEND AS MOOT v. (Document 8) 14 15 WINFRED KOKOR, Defendant. 16 17 Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se in 18 this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 30, 2013. The 19 complaint is currently awaiting screening. 20 On January 2, 2014, Plaintiff filed a Motion to File an Amended Complaint. Plaintiff states 21 that he wants to add facts relating to medical care obtained after the filing of his original complaint. 22 The Court construes this as a request to file a supplemental pleading. 23 Pursuant to Rule 15(d), “the court may, on just terms, permit a party to serve a supplemental 24 pleading setting out any transaction, occurrence, or event that happened after the date of the pleading 25 to be supplemented.” Fed. R. Civ. P. 15(d). Rule 15(d) does not require the moving party to satisfy 26 a transactional test, but there must still be a relationship between the claim in the original pleading 27 and the claims sought to be added. Keith v. Volpe, 858 F.2d 467, 474 (9th Cir. 1988). Thus, 28 “[w]hile leave to permit supplemental pleading is favored, it cannot be used to introduce a separate, 1 1 distinct and new cause of action.” Planned Parenthood of Southern Arizona v. Neely, 130 F.3d 400, 2 402 (9th Cir. 1997) (internal quotation marks and citation omitted). Plaintiff’s complaint alleges that Defendant Kokor failed to properly treat his pain. The 3 4 proposed supplement includes identical allegations occurring for a complaint was filed. Where the 5 proposed additions are a continuation of the allegations in the original complaint, leave should be 6 granted to file a supplemental pleading. Accordingly, Plaintiff’s motion is GRANTED. Plaintiff SHALLL file an amended 7 8 complaint within thirty (30) days of the date of service of this order. 9 10 IT IS SO ORDERED. 11 12 13 Dated: /s/ Dennis January 8, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 3b142a 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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