Rhoden v. Department of State Hospitals et al

Filing 58

ORDER DENYING Plaintiff's 57 Motion to Supplement the Complaint with Legal Authority, signed by Magistrate Judge Stanley A. Boone on 4/23/19. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWTIS DONALD RHODEN,

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Plaintiff,

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v.
DEPARTMENT OF STATE HOSPITALS,
et al.,
Defendants.

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ORDER DENYING PLAINTIFF’S MOTION TO
SUPPLEMENT THE COMPLAINT WITH LEGAL
AUTHORITY
[ECF No. 57]

this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for leave to file supplemental legal authority in

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Case No.: 1:18-cv-00101-LJO-SAB (PC)

Plaintiff Lawtis Donald Rhoden is a civil detainee appearing pro se and in forma pauperis in

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support of his complaint, filed April 22, 2019.
On January 22, 2019, the Court granted Plaintiff’s motion to amend the complaint to add

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Defendant Stefanie Heggen as a Defendant and to add a fourth cause of action for a violation of his

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right to practice his religion in violation of the First Amendment.

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Plaintiff does not provide any supplemental legal authority and it is not clear why he feels he

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needs to do so in light of the fact that the Court allowed him to amend the complaint and add a claim

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under the First Amendment. Further, Plaintiff need not cite legal authority to support his claim.

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Plaintiff’s factual allegations are accepted at true and need not be bolstered by legal authority at the

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pleading stage. Accordingly, Plaintiff’s motion to supplement the fifth amended complaint with

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additional legal authority is denied.

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IT IS SO ORDERED.

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Dated:

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April 23, 2019
UNITED STATES MAGISTRATE JUDGE

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