Torres v. Waddel

Filing 15

ORDER Denying Plaintiff's 14 Motion to Amend without Prejudice, signed by Magistrate Judge Barbara A. McAuliffe on 10/20/14. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO TORRES,

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Plaintiff,

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v.

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WADDEL, et al.,

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Defendants.

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Case No.: 1:14-cv-01217-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
AMEND WITHOUT PREJUDICE (ECF No. 14)
THIRTY-DAY DEADLINE

Plaintiff Gustavo Torres (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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August 4, 2014. On October 2, 2014, Plaintiff filed a motion to amend his complaint to add

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defendants. (ECF No. 10.) On October 6, 2014, the Court denied the motion as unnecessary,

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explaining that Plaintiff was entitled to file an amended complaint without a court order. The Court

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directed Plaintiff that any amended complaint should be filed within thirty days. (ECF No. 11.) On

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October 17, 2014, Plaintiff filed the instant motion to amend his complaint. In his moving papers,

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Plaintiff states that he “has amended his complaint (ECF No. 10) by adding 3 more defendants to this

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action, --Captaing [sic] Wadde, Sergeant R. Burkett, C/O M. Mercado and C/O M. Cruz.” (ECF No.

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14)

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Plaintiff’s motion and identification of defendants does not serve as a proper amendment to his
complaint. If Plaintiff seeks to add defendants, then he must file a first amended complaint that
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includes all of his allegations and claims against each and every defendant. Plaintiff may not file a

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piecemeal complaint. As previously instructed, Plaintiff’s amended complaint should be complete

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within itself without reference to a prior complaint. Local Rule 220.

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Accordingly, Plaintiff’s motion to amend is denied without prejudice. If Plaintiff seeks to

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amend his complaint to add defendants, then any amended complaint should be filed within thirty (30)

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days following service of this order.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 20, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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