Cruz v. Michaels et al

Filing 62

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/26/2013 DENYING plaintiff's 58 motion to amend his complaint. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL CRUZ,
Plaintiff,

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vs.

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No. 2:10-cv-1162 KJM EFB P

MICHAELS, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This action proceeds on the January 24, 2011 amended complaint on plaintiff’s

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Eighth Amendment deliberate indifference to medical needs claims against defendants

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Reynolds, Clark, and Mallet, and his excessive force claims against defendant Brown. See

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Complaint (Dckt. No. 21); March 13, 2012 Order (Dckt. No. 48). On January 15, 2013, the

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court issued an amended scheduling order, providing that, absent good cause, no further

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amendments to the complaint would be permitted. Dckt. No. 57 (citing Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Plaintiff now seeks leave to add a

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retaliation claim to his complaint. Dckt. No. 58.

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A scheduling order may be modified upon a showing of good cause. Fed. R. Civ. P.

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16(b). Good cause exists when the moving party demonstrates he cannot meet the deadline
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despite exercising due diligence. Johnson, 975 F.2d at 609. According to plaintiff, “the

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underlying facts and evidence” supporting his proposed retaliation claim “have been visible

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from the genesis of these proceedings.” Dckt. No. 58 at 5. Nevertheless, plaintiff apparently

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neglected to allege a retaliation claim earlier because he is not experienced in the law. Id.

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Plaintiff’s inexperience with the law, however, does not justify modification of the scheduling

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order. Plaintiff is required to comply with the Federal Rules of Civil Procedure and the Local

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Rules of the Eastern District of California. See McNeil v. United States, 508 U.S. 106, 113

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(1993) (procedural requirements apply to all litigants, including prisoners lacking access to

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counsel); L.R. 183(a) (“Any individual representing himself or herself without an attorney is

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bound by the Federal Rules of Civil or Criminal Procedure, these Rules, and all other applicable

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law.”). Because the deadline for amending the complaint has passed, and because plaintiff fails

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to demonstrate good cause to modify the schedule, plaintiff’s motion to amend the complaint

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must be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend his complaint

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(Dckt. No. 58) is denied.

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DATED: February 26, 2013.

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