Rodriguez v. Stall et al

Filing 8

ORDER denying 7 Motion to Amend Complaint without prejudice. Plaintiff is GRANTED sixty (60) days leave from the date of this Order in which to file an Amended Complaint. The Clerk of Court is directed to mail a copy of a form § 1983 complaint. Signed by Judge Larry Alan Burns on 1/12/15. (All non-registered users served via U.S. Mail Service)(form mailed to plaintiff)(kas)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12

PEDRO RODRIGUEZ,
Inmate Booking No. 14745493,

Civil No.
Plaintiff,

13
14

vs.

15

ROBERT S. STALL; LAURA
ENGREM; F. MICHAEL GARCIA;
OFFICE OF ASSIGNED COUNSEL,
Defendant.

16
17

14cv2646 LAB (DHB)

ORDER:
(1) DENYING MOTION TO
AMEND COMPLAINT WITHOUT
PREJUDICE; AND
(2) GRANTING EXTENSION OF
TIME TO FILE A FIRST
AMENDED COMPLAINT

18
19

Pedro Rodriguez (“Plaintiff”), currently housed at the Vista Detention Facility

20 located in Vista, California, and proceeding pro se, has filed a civil rights complaint
21 (“Compl.”) pursuant to 42 U.S.C. § 1983 (Doc. No. 1).
22

Plaintiff has not prepaid the civil filing fee; instead he has filed a Motion to

23 Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) (Doc. No. 3). On
24 November 26, 2014, this Court granted Plaintiff’s Motion to Proceed IFP but sua sponte
25 dismissed his Complaint for failing to state a claim upon which relief could be granted.
26

Instead of filing a First Amended Complaint, Plaintiff has filed a “Motion to

27 Amend Complaint” in which he seeks to add two additional Defendants. (Doc No. 7.)
28 In this Motion, Plaintiff indicates that he is seeking to “add” to his original Complaint.
I:\Everyone\_EFILE-PROSE\LAB\14cv2646-Dny Mtn Amd & Ext Time -1FAC.wpd

14cv2646 LAB (DHB)

1 However, Plaintiff’s Complaint has been dismissed and there currently is no operative
2 pleading in this matter. Plaintiff has been given leave to file an Amended Complaint and
3 he may choose to add these additional Defendants to that pleading.
4
5

CONCLUSION AND ORDER

6

Good cause appearing, IT IS HEREBY ORDERED:

7

1.

Plaintiff’s Motion to Amend his Complaint (Doc. No. 7) is DENIED.

8

2.

Plaintiff is GRANTED sixty (60) days leave from the date of this Order in

9 which to file an Amended Complaint which cures all the deficiencies of pleading noted
10 in the Court’s November 26, 2014 Order. Plaintiff’s Amended Complaint must be
11 complete in itself without reference to his original pleading. See S.D. CAL. CIVLR. 15.1.
12 Defendants not named and all claims not re-alleged in the Amended Complaint will be
13 considered waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).
14

3.

The Clerk of Court is directed to mail a copy of a form § 1983 complaint.

15
16 DATED: January 12, 2015
17
18
19

HONORABLE LARRY ALAN BURNS
United States District Judge

20
21
22
23
24
25
26
27
28
I:\Everyone\_EFILE-PROSE\LAB\14cv2646-Dny Mtn Amd & Ext Time -2FAC.wpd

14cv2646 LAB (DHB)