Cortinas v. Gill, Jr. et al

Filing 49

FINDINGS and RECOMMENDATIONS to Deny Plaintiff's Motion to File Supplemental Pleading, signed by Magistrate Judge Helena M. Barch-Kuchta on 8/24/2021. Objections to F&R due within Fourteen Days. (Marrujo, C)

Case 1:18-cv-00515-NONE-HBK Document 49 Filed 08/25/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAMS CORTINAS,

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Plaintiff,
v.
RAVIJOT GILL, JR., et al.,
Defendants.

Case No. 1:18-cv-00515-NONE-HBK (PC)
FINDINGS AND RECOMMENDATIONS TO
DENY PLAINTIFF’S MOTION TO FILE
SUPPLEMENTAL PLEADING
FOURTEEN-DAY OBJECTION PERIOD
(Doc. No. 36)

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Plaintiff Larry Williams Cortinas, a state prisoner, initiated this action on April 10, 2018

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by filing a pro se civil rights complaint under 42 U.S.C. § 1983. (Doc. No. 1). Plaintiff is

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proceeding on his first amended complaint. (Doc. No. 17). Before the Court is Plaintiff’s motion

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to file a supplemental complaint under Federal Rule of Civil Procedure 15(d). (Doc. No. 36). It

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is within the court’s discretion as to whether to permit the filing of a supplemental

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complaint. Howard v. City of Coos Bay, 871 F.3d 1032, 1040 (9th Cir. 2017) (“only at the

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district court's discretion are parties permitted to file a supplemental complaint”).

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In his one-page motion, Plaintiff states that “parties acting” behalf of Defendants are

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retaliating against him due to his filing of the instant complaint. (Id.). The Court finds the

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motion procedurally deficient. Under Local Rule 137(c), where a party moves to file a document

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which requires leave of Court, such as a supplemental pleading, the party “shall attach the

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Case 1:18-cv-00515-NONE-HBK Document 49 Filed 08/25/21 Page 2 of 2
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document proposed to be filed as an exhibit to moving papers seeking such leave and lodge a

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proposed order.” The undersigned is unable to exercise any discretion whether to permit the

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supplemental pleading from Plaintiff’s sparse motion.

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Accordingly, it is RECOMMENDED:

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Plaintiff’s motion to file a supplemental pleading (Doc. No. 22) be DENIED without

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prejudice.

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NOTICE TO PARTIES

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These findings and recommendations will be submitted to the United States district judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within fourteen

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(14) days after being served with these findings and recommendations, a party may file written

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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Parties are advised that failure to file objections within the

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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,

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838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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Dated:

August 24, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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