Sledge v. Covello, et al.

Filing 18

ORDER Denying Plaintiff's 16 Motion to Waive Partial Filing Fee; ORDER Striking Plaintiff's Addendum to Complaint signed by Magistrate Judge Dennis L. Beck on 11/27/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE No. 1:13-cv-01826-DLB (PC)
TONY SLEDGE,
Plaintiff

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v.

ORDER DENYING PLAINTIFF’S
MOTION TO WAIVE PARTIAL FILING
FEE
ORDER STRIKING PLAINTIFF’S
ADDENDUM TO COMPALINT

P. COVELLO, et al.,
Defendants.

(ECF Nos. 16 & 17)

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Plaintiff Tony Sledge (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action was filed on

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September 9, 2013. (ECF No. 1.) On November 21, 2013, Plaintiff filed a motion requesting that

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the Court waive his partial filing fee. (ECF No. 16.) The Court previously granted Plaintiff’s

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motion to proceed in forma pauperis on October 22, 2013. (ECF No. 9.) Pursuant to the

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provisions of 28 U.S.C. § 1915, Plaintiff is only obligated to pay the filing fee as funds become

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available in his account. Thus, Plaintiff’s indigent status does not preclude him from pursing his

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claims, and the Court denies his motion to waive the filing fee.

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Plaintiff also filed an addendum to his complaint on November 21, 2013. (ECF No. & 17.)

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It is clear from Plaintiff’s filing that he intends only to supplement his complaint rather than

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amend it. Complaints must be complete in themselves and therefore the Court will not permit

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addendums. Plaintiff is advised that an amended complaint supersedes the original complaint.

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Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567

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(9th Cir. 1987). The amended complaint must be “complete in itself without reference to the prior

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or superseded pleading.” Local Rule 220. Plaintiff is warned that “[a]ll causes of action alleged

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in an original complaint which are not alleged in an amended complaint are waived.” King, 814

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F.2d at 567 (citing London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981)); accord

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Forsyth, 114 F.3d at 1474. In other words, even the claims that were properly stated in the

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original complaint must be completely stated again in the amended complaint.

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s

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pleading once as a matter of course at any time before a responsive pleading is served. Otherwise,

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a party may amend only by leave of the court or by written consent of the adverse party, and leave

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shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). “Rule 15(a) is very liberal

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and leave to amend ‘shall be freely given when justice so requires.’” Amerisource Bergen Corp.

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v. Dialysis W., Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ. P. 15(a)).

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Plaintiff is further advised that the Court is required to screen complaints brought by

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prisoners seeking relief against a governmental entity or officer or employee of a governmental

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entity. 28 U.S.C. § 1915A(a). As Plaintiff’s case is not the only case under consideration by the

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court and because cases are screened in the order in which they are filed, absent good cause, the

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Court will screen cases in that order and will continue to strive to avoid delays whenever possible.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion to waive the partial filing fee, filed November 21, 2013 is

DENIED; and
Plaintiff’s addendum to the complaint, filed November 21, 2013, is STRIKEN

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2.

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from the record.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

November 27, 2013

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

427h8ijefekbei

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L. Beck

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