(PC) Trevino v. Sheehan et al

Filing 20

ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/28/2024 DENYING plaintiff's 19 motion to add exhibits to the second amended complaint. Within 30 days, plaintiff shall submit a third amended complaint that contains all claims and exhibits he wishes to have considered. The Clerk shall send plaintiff a section 1983 complaint form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT TREVINO,

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Plaintiff,
v.
X. SHEEHAN, et al.,
Defendants.

Case No. 2:23-cv-00235-KJM-JDP (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO ADD EXHIBITS TO SECOND
AMENDED COMPLAINT AND DIRECTING
PLAINTIFF TO FILE A THIRD AMENDED
COMPLAINT
ECF Nos. 18 & 19

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Plaintiff alleges various violations of his rights in connection with a denial of parole. ECF

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No. 18 at 5. Before I screened the most recent complaint, however, plaintiff filed a motion

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seeking to add additional exhibits to the complaint. ECF No. 19. Generally, a complaint, should

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be complete in itself without reference to other filings. See Goodbar v. Paldara, No. 1:21-cv-

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01811-GSA-PC, 2022 U.S. Dist. LEXIS 83423, 2022 WL 1462142, at *1 (E.D. Cal. May 9,

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2022) (“Under Rule 220, Plaintiff may not amend the Complaint by adding new information

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submitted separately from the Complaint. [Instead], Plaintiff must file an amended complaint

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which is complete in itself, without reference to prior complaints.”). Rather than granting his

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motion and circumventing this rule, I will direct plaintiff to submit a third amended complaint

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within thirty days. The complaint will need to be complete in itself; it will need to contain all the

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allegations and exhibits that he wishes to have considered.

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Accordingly, it is ORDERED that:

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1. Plaintiff’s motion to add exhibits to the second amended complaint, ECF No. 19, is

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DENIED.
2. Within thirty days of this order’s entry, plaintiff shall submit a third amended

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complaint that contains all claims and exhibits he wishes to have considered. If he fails to do so, I

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shall screen his second amended complaint and disregard the exhibits he has recently attempted to

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add.

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3. The Clerk of Court shall send plaintiff a section 1983 complaint form with this order.

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IT IS SO ORDERED.

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Dated:
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August 28, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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