Childs v. State of California et al

Filing 41

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/5/14ORDERING that Plaintiff's 6/20/14 REQUESTS 34 are DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E. CHILDS,

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No. 2:13-cv-670-TLN-EFB P
Plaintiff,

v.

ORDER

STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action under 42 U.S.C.

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§ 1983. He seeks leave to file a supplemental complaint “to add more defendants [because] his

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constitutional rights are still being violated . . . .” ECF No. 34. He also requests “45 day access

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to the law library.” Id. Plaintiff’s requests are denied.

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On June 24, 2014, the court issued a discovery and scheduling order. ECF No. 35. It

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informed plaintiff that any motion to amend his complaint “must be accompanied by a proposed

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amended complaint that is rewritten or retyped so that it is complete in itself without reference to

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any earlier filed complaint.” ECF No. 35 at 4 n.1 (citing E.D. Cal. Local Rule 220). Plaintiff has

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not included his proposed supplemental complaint and the court cannot determine from plaintiff’s

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vague description of his intended supplemental allegations whether leave to amend would be

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appropriate. Accordingly, the request is denied without prejudice.

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Plaintiff’s request from the court for library access is also denied, as he must follow

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appropriate procedures at his place of incarceration to obtain access to the law library. He has not
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shown that he ever made a proper request for library access or that such a request was improperly

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denied by prison officials.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s June 20, 2014 requests (ECF No.

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34) are denied.

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DATED: August 5, 2014.

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