Eason v. Wal-Mart Corporation

Filing 40

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/1/2017 STRICKING 39 Addendum to Complaint. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMELL LAMAR EASON,

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No. 2:16-cv-1876 KJM GGH

Plaintiff,

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v.

ORDER

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WAL MART STORES, INC.,

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Defendant.

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Plaintiff brings this civil rights action acting pro se. Defendant currently has a Motion for

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Judgment on the Pleadings pending that is scheduled for hearing on June 15, 2017, before the

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undersigned. On April 21, 2017, plaintiff filed a pleading titled “Addendum to Complaint” in

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which he purports to add two additional Claims, one for Battery and one for Malice. ECF No. 39.

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Federal Rule of Civil Procedure 7 lists the pleadings that are recognized by federal district

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courts as follows:

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(a)

Pleadings. Only these pleadings are allowed:

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(1)

a complaint;1

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(2)

an answer to a complaint;

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(3)

an answer to a counterclaim designated as a counterclaim;

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An Amended Complaint is still a “Complaint” within the meaning of this Rule.
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(4)

an answer to a crossclaim;

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(5)

a third-party complaint;

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(6)

an answer to a third-party complaint; and

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(7)

if the court orders one, a reply to an answer.

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There is no provision under this Rule for a document entitled “an Addendum.” If, therefore, the

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plaintiff seeks to add claims to his original Complaint, he must do so through an Amended

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Complaint properly drafted and identified as such.

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In light of the foregoing IT IS ORDERED THAT plaintiff’ “Addendum to Complaint,”
ECF No. 39, shall be stricken.

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.

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Dated: May 1, 2017

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IT IS SO ORDERED.

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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