Jacobsen v. Curran et al

Filing 9

ORDER DENYING AS MOOT 7 Motion for Addendum signed by Magistrate Judge Michael J. Seng on 10/31/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL NEIL JACOBSEN,

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Plaintiff,

CASE No. 1:16-cv-01050-MJS (PC)
ORDER DENYING AS MOOT MOTION
FOR ADDENDUM

v.
(ECF No. 7)
OFFICER CURRAN, et al.,
Defendants.

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Plaintiff is a county inmate proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. He has consented to Magistrate

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Judge jurisdiction. No other parties have appeared in the action.

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On September 21, 2016, the Court screened Plaintiff’s complaint and concluded

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that it stated a cognizable Fourteenth Amendment inadequate medical care claim

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against Defendant Curren and Does 1 through 8, but no other cognizable claims. Plaintiff

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was ordered to either file an amended complaint curing the noted deficiencies or notify

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the Court of his willingness to proceed only on the cognizable claim. (ECF No. 6.) On

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September 29, 2016, Plaintiff filed a “Motion for Addendum” seeking to add additional

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facts to his complaint. (ECF No. 7.)

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It appears that the motion for addendum was submitted prior to Plaintiff receiving

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the Court’s screening order. (See ECF No. 8.) Furthermore, Plaintiff has stated his intent
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to file an amended complaint. (Id.) Accordingly, the motion for addendum (ECF No. 7) is

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HEREBY DENIED as moot.

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Plaintiff is reminded that any amended pleading must be complete in itself without

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reference to any prior pleading. Local Rule 220. See Loux v. Rhay, 375 F.2d 55, 57 (9th

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Cir. 1967).

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IT IS SO ORDERED.
Dated:

October 31, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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