(PC) Argel v. Godwin et al

Filing 12

ORDER GRANTING 11 Motion to Supplement the Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 07/14/2021. First Amended Complaint Due Within Thirty-Days. (Attachments: # 1 Amended Complaint Form)(Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WILLIAM ARGEL,

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Plaintiff,

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v.

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GODWIN, et al.,

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Case No. 1:21-cv-00597-NONE-BAM (PC)
ORDER GRANTING MOTION TO
SUPPLEMENT THE COMPLAINT
(ECF No. 11)

Defendants.

THIRTY (30) DAY DEADLINE

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Plaintiff John William Argel (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s complaint has

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not yet been screened. Currently before the Court is Plaintiff’s motion for leave to file a

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supplemental complaint, filed July 12, 2021. (ECF No. 11.)

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Federal Rule of Civil Procedure 15(d) states, “[o]n motion and reasonable notice, the court

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may, on just terms, permit a party to serve a supplemental pleading setting out any transaction,

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occurrence, or event that happened after the date of the pleading to be supplemented.” Fed. R.

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Civ. P. 15(d). Rule 15 distinguishes between supplementing and amending a complaint. In an

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amended complaint, a party may replead or add facts or claims arising prior to or

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contemporaneously with the allegations of the original complaint. See United States v. Hicks, 283

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F.3d 380, 385 (D.C. Cir. 2002); Flaherty v. Lang, 199 F.3d 607, 613 n.3 (2d. Cir. 1999). A

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supplemental complaint addresses matters occurring after the original complaint is filed. Fed. R.
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Civ. P. 15(d). “While leave to permit supplemental pleadings is favored, it cannot be used to

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introduce a separate, distinct and new cause of action.” Planned Parenthood of So. Arizona v.

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Neely, 130 F.3d 400, 402 (9th Cir. 1997) (internal quotation marks and citation omitted).

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In his motion, Plaintiff states that he wishes to supplement his original complaint due to

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new facts that occurred after the filing of the original complaint. (ECF No. 11.) Specifically,

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Plaintiff states that prison staff has attempted to transfer him or put him in situations that would

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jeopardize his health and safety as reprisals for filing his complaint. (Id.) Although Plaintiff has

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not submitted his proposed supplemental complaint, it does appear that Plaintiff is attempting to

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add allegations that relate back to the claims raised in the original complaint. Further, Plaintiff’s

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complaint has not yet been screened and no defendants have been served or have appeared in this

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action. Accordingly, Plaintiff’s motion to supplement the complaint shall be granted, and

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Plaintiff will be permitted to file a first amended complaint which includes the new allegations.

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Plaintiff’s first amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state

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what each named defendant did that led to the deprivation of Plaintiff’s constitutional rights,

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Iqbal, 556 U.S. at 678-79. Although accepted as true, the “[f]actual allegations must be

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[sufficient] to raise a right to relief above the speculative level . . . .” Twombly, 550 U.S. at 555

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(citations omitted).

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Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated

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claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no

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“buckshot” complaints).

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Finally, Plaintiff is advised that an amended complaint supersedes the original complaint.

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Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff’s amended

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complaint must be “complete in itself without reference to the prior or superseded pleading.”

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Local Rule 220. This includes any exhibits or attachments Plaintiff wishes to incorporate by

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reference.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to supplement the complaint, (ECF No. 11), is GRANTED;

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2. The Clerk’s Office shall send Plaintiff a complaint form;
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3. Plaintiff’s first amended complaint is due within thirty (30) days from the date of service
of this order; and
4. If Plaintiff fails to file a first amended complaint in compliance with this order, this
action will be dismissed for failure to prosecute and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 14, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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