(PC) Watts et al v. Kachalkin et al

Filing 12

ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/28/2024 GRANTING 11 Motion to Amend the Complaint. Plaintiffs must submit their amended complaint within 30 days of this order's entry and both must sign it. (Huang, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 CHAD E. WATTS AND JENELLE FLEMING, ORDER Plaintiffs, 13 14 15 16 Case No. 2:23-cv-01666-KJM-JDP (PC) v. MICHAEL KACHALKIN, et al., GRANTING PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT ECF No. 11 Defendants. 17 18 On August 1, 2024, I directed plaintiffs to submit service documents for two defendants. 19 ECF No. 10. On August 14, 2024, plaintiff Watts filed what I construe to be a motion to amend 20 the complaint, stating that he wishes to change the amount of damages sought and his co- 21 plaintiff’s address, and to allege additional physical injuries. ECF No. 11 at 1-2. His motion will 22 be granted. He is advised, however, that if plaintiff Fleming wishes to update her address or, 23 more broadly, to proceed with her own claims, she must also sign any amended complaint that is 24 submitted. Plaintiffs are both advised that the new complaint will supersede the current one and, 25 thus, must be complete in itself without reference to any other filings. See Fed. R. Civ. P. 11(a). 26 27 Accordingly, it is ORDERED that: 28 1 1 1. Plaintiffs’ motion to amend, ECF No. 11, is GRANTED. 2 2. Plaintiffs must submit their amended complaint within thirty days of this order’s entry 3 and both must sign it. 4 3. The Clerk of Court is directed to send a section 1983 complaint form to each plaintiff 5 with this order. Plaintiffs are advised that they must return only one of the forms and, again, it 6 must be signed by them both. 7 8 IT IS SO ORDERED. 9 Dated: 10 11 August 28, 2024 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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