Stevenson v. Beard et al

Filing 21

ORDER Denying Plaintiff's 20 Motion to File Future Amended Complaint. The Court requests Plaintiff gather the information he requires for any subsequent amendments or supplements, and petition the Court for leave to amend his complaint at that time. Plaintiff's motion to file a future amended complaint or a future supplemental complaint is denied. Signed by Magistrate Judge Peter C. Lewis on 11/6/2017. (All non-registered users served via U.S. Mail Service)(mpl)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 STEVIE J. STEVENSON, CDCR #K16324, 15 ORDER DENYING PLAINTIFF'S MOTION TO FILE FUTURE AMENDED COMPLAINT Plaintiff, 13 14 Case No.: 3:16-cv-03079-JLS-PCL v. JEFFREY BEARD, PhD, Secretary of CDCR, et al., 16 Defendant. 17 18 Plaintiff Stevie J. Stevenson, currently incarcerated at Centinela State Prison, 19 proceeding pro se and in forma pauperis filed this civil action pursuant to 42 U.S.C. § 20 1983. Before this Court now is Plaintiff’s motion to file a future amended complaint or a 21 future supplemental complaint. (Doc. 20.) Under Federal Rules of Civil Procedure 15(a)(2), “a party may amend its pleading 22 23 with . . . the court’s leave.” This rule also requires the court “freely give leave when 24 justice so requires.” Id. Here, Plaintiff requests this Court grant him leave to file a future 25 amended complaint once he is in possession of the names of additional defendants, which 26 he expects to obtain during discovery. (Doc. 20 at 3.) 27 // 28 // 1 3:16-cv-03079-JLS-PCL 1 Currently, the Court cannot grant Plaintiff’s motion to file an amended complaint 2 sometime in the future because the motion is premature. Instead, the Court requests 3 Plaintiff gather the information he requires for any subsequent amendments or 4 supplements, and petition the Court for leave to amend his complaint at that time. 5 Thus, Plaintiff’s motion to file a future amended complaint or a future 6 supplemental complaint is DENIED. 7 8 IT IS SO ORDERED. 9 10 Dated: November 6, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:16-cv-03079-JLS-PCL

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