King v. Villegas et al

Filing 76

ORDER DENYING 72 Plaintiff's Motion for Leave to Amend, Without Prejudice signed by Magistrate Judge Erica P. Grosjean on 5/6/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY LEE KING,

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Plaintiff,
v.
R. VILLEGAS and P. CRUZ,

Case No. 1:17-cv-00676-AWI-EPG (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND,
WITHOUT PREJUDICE
(ECF NO. 72)

Defendants.

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Jerry King (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with
this civil rights action filed pursuant to 42 U.S.C. § 1983.

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On April 22, 2019, Plaintiff filed a motion for leave to amend his complaint. (ECF No.

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72). Plaintiff states that, through discovery, he now knows the names of additional defendants

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responsible for violating his constitutional rights. Registered Nurse Grant and Licensed

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Vocational Nurse E-Vitto violated Plaintiff’s constitutional rights, because, after the excessive

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force incident, they refused to treat Plaintiff’s injuries and tried to cover up the staff assault.

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Plaintiff asks the Court to order the United States Marshals Service to serve Grant and E-Vitto.

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Plaintiff also asks for service documents.

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Plaintiff may not amend his complaint in this manner. If Plaintiff wants to amend his

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complaint, in addition to filing a motion for leave to amend, he needs to file a copy of the

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proposed amended complaint that is complete in itself. Local Rule 220 (“Unless prior approval

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to the contrary is obtained from the Court, every pleading to which an amendment or

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supplement is permitted as a matter of right or has been allowed by court order shall be retyped
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and filed so that it is complete in itself without reference to the prior or superseded pleading.

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No pleading shall be deemed amended or supplemented until this Rule has been complied

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with.”).

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Therefore, Plaintiff’s motion will be denied, without prejudice to Plaintiff refiling the

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motion with a signed copy of the proposed amended complaint, which is complete in itself,

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attached.

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The Court notes that if Plaintiff’s motion for leave to amend is granted, Plaintiff’s

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amended complaint will need to be screened, the new defendants will need to be served, and

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the new defendants will be allowed to take discovery. Thus, there would be a significant delay

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in this case.
Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff’s motion for leave

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to amend is denied, without prejudice to Plaintiff refiling the motion with a signed copy of the

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proposed amended complaint (that is complete in itself) attached.

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IT IS SO ORDERED.
Dated:

May 6, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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