Frank Wells v. Gonzales

Filing 29

ORDER DENYING Plaintiff's 28 Motion for Leave to Amend Without Prejudice, signed by Magistrate Judge Erica P. Grosjean on 4/2/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK WELLS,

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Plaintiff,
v.
ROSA GONZALES,

Case No. 1:17-cv-01240-DAD-EPG (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND,
WITHOUT PREJUDICE
(ECF NO. 28)

Defendant.

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Frank Wells (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action.

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Plaintiff filed the complaint commencing this action on September 15, 2017. (ECF No.

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1). On September 26, 2018, Defendant filed her answer. (ECF No. 15). On February 6, 2019,

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the Court held an initial scheduling conference. (ECF No. 22). On March 12, 2019, Plaintiff

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lodged a first amended complaint. (ECF No. 25). The Court informed Plaintiff that, if he

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wishes to file an amended complaint, he must file a motion for leave to amend the complaint,

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along with a signed copy of the proposed amended complaint (Plaintiff failed to sign the lodged

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copy of the proposed amended complaint). (ECF No. 26). The Court additionally noted that

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the motion should explain why Plaintiff is now moving to amend his complaint, as well as the

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changes he is attempting to make. (Id.).

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On April 1, 2019, Plaintiff filed a motion to amend the complaint. (ECF No. 28).

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While Plaintiff explains why he is now moving to amend his complaint, and provides at least

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some information regarding the changes he is attempting to make, Plaintiff failed to attach a

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signed copy of the proposed amended complaint to the motion.

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Accordingly, IT IS ORDERED that Plaintiff’s motion for leave to amend is DENIED,
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without prejudice to Plaintiff refiling the motion with a signed copy of the proposed amended

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complaint attached.

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IT IS SO ORDERED.
Dated:

April 2, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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