David L. Manning, Jr. v. Stainer et al

Filing 7

ORDER CONSTRUING Plaintiff's 6 Motion to File Discovery as Motion to Add Exhibit to Complaint; ORDER GRANTING Plaintiff's Motion to Add Exhibit to Complaint, signed by Magistrate Judge Dennis L. Beck on 5/4/2015. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
EASTERN DISTRICT OF CALIFORNIA
10
11

DAVID LESLIE MANNING, JR.,

12
13

Case No. 1:15-cv-00530 DLB PC
ORDER CONSTRUING PLAINTIFF’S
MOTION TO FILE DISCOVERY AS
MOTION TO ADD EXHIBIT TO
COMPLAINT
[ECF No. 6]

Plaintiff,
v.

14
15

ORDER GRANTING PLAINTIFF’S
MOTION TO ADD EXHIBIT TO
COMPLAINT
[ECF No. 6]

M. STAINER, et al.,

16

Defendants.

17
18

Plaintiff David Leslie Manning, Jr., a state prisoner proceeding pro se and in forma

19 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 6, 2015. The matter
20 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
21 Rule 302.
22

On April 27, 2015, Plaintiff filed the instant motion to file discovery. Plaintiff states the

23 grievance process was not yet completed when he filed suit. He seeks to include as an exhibit
24 the denial at the second level of review at his institution. Discovery is not yet open in this case,
25 as the complaint must first be screened.

Plaintiff’s motion to file discovery is therefore

26 CONSTRUED as a motion to add an exhibit to his complaint, and Plaintiff’s motion is
27 GRANTED. Plaintiff is advised, however, that the Court will not accept further piecemeal
28 additions to the complaint. The complaint must be complete in and of itself. If Plaintiff seeks to

1

1 include additional documents, he must file an amended complaint pursuant to Fed. R. Civ. P.
2 15(a).
3
4
5

IT IS SO ORDERED.
Dated:

/s/ Dennis

May 4, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2