Bell v. Lee et al

Filing 19

ORDER 10 18 (Illston, Susan) (Filed on 5/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VINCENT KEITH BELL,

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United States District Court
For the Northern District of California

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No. C 13-5820 SI (pr)

Plaintiff,

ORDER

v.

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KEN LEE, Deputy; et al.,

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Defendants.

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/

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Vincent Keith Bell, an inmate at the San Francisco County Jail, filed this pro se civil

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rights action under 42 U.S.C. § 1983 complaining of conditions of confinement at the jail. The

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court found that the amended complaint (Docket # 5) stated cognizable § 1983 claims against

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several defendants for excessive force, retaliation and denial of due process in disciplinary

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proceedings. Service of process was ordered on seven members of the San Francisco Sheriff's

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Department, who have now appeared in this action.

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Bell has filed a "motion to amend adding new defendant and date change." Docket # 10.

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Federal Rule of Civil Procedure 15(a) provides that leave to amend should be freely given when

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justice so requires but the court cannot make that determination without seeing the proposed new

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pleading. See Lake v. Arnold, 232 F.3d 360, 374 (3d Cir. 2000) ("Obviously, without this draft

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complaint, the District Court cannot evaluate the merits of a plaintiff's request . . . [T]he court

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had nothing upon which to exercise its discretion.") The motion to amend is DENIED because

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Bell did not attach the proposed second amended complaint. Docket # 10. It would not be in

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the interest of justice to construe the motion to amend to actually be the second amended

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complaint because there are many pleading problems with it and further amendment would be
necessary. As the defendants point out in their opposition to the motion, many of Bell's

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allegations lack sufficient detail to allow defendants or the court to understand what claims Bell

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is making against the defendants. See Docket # 17 at 2.

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In his motion to amend, Bell indicated that he wanted to correct the date of the excessive

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force incident, which is appropriate. Bell also indicated that he wanted to add one or more new

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defendants, which may be permissible, depending on the claims against those defendants. For

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each new defendant he wants to add, Bell must allege what that defendant did or failed to do that

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caused a denial of plaintiff' constitutional rights. Bell also must state the dates on which any

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constitutional violation allegedly occurred to give the defendants fair notice of the claims against

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them. Bell must file his second amended complaint no later than June 12, 2015, or the action

United States District Court
For the Northern District of California

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will proceed without the new defendant(s).

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Plaintiff filed a "motion for denial of extension of time," in which he argues that the

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deadline for defendants to file their dispositive motion should not be extended. Plaintiff's motion

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is DENIED. Docket # 18. The court already granted the requested extension of time in the order

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filed April 9, 2015 and even more time is now necessary because of Bell's own desire to add

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claims against one or more new defendants. It is appropriate to further extend the deadline for

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dispositive motions so that all defendants can be served and potentially file a motion on the same

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schedule. Accordingly, the court now sets the following new briefing schedule: Defendants'

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motion for summary judgment or other dispositive motion must be filed and served no later than

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August 1, 2015. Plaintiff's opposition to the motion for summary judgment or other dispositive

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motion must be filed and served on defense counsel no later than August 28, 2015. Defendants'

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reply brief, if any, must be filed and served no later than September 11, 2015.

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IT IS SO ORDERED.
Dated: May 8, 2015

_______________________
SUSAN ILLSTON
United States District Judge

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