Downey v. Andrews M.D. et al

Filing 13

ORDER granting plaintiff's 4 Motion for leave to amend his complaint within 30 days signed by Hon. James P. Donohue.(RS) cc plaintiff, Snohomish County Pros Office

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

DYLAN JAMES DOWNEY,
Plaintiff,

9
10
11

v.
STUART ANDREWS M.D., et al.,

Case No. C17-968-JCC-JPD
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE AN
AMENDED COMPLAINT

Defendant.

12
13
14

This is a 42 U.S.C. § 1983 prisoner civil rights action. Currently before the Court is

15

plaintiff’s motion for leave to file an amended complaint. Dkt. 4. He seeks to add factual

16

allegations and submit exhibits. Id. The Court has directed service of his original complaint, but

17

defendants have not yet appeared. Based on the foregoing, the Court finds and ORDERS:

18
19
20

(1)

Plaintiff satisfies the standard of Federal Rule of Civil Procedure 15(a)(2), and

therefore his motion to amend, Dkt. 4, is GRANTED.
(2)

Plaintiff shall file any amended complaint within 30 days of the date this Order is

21

signed. Any amended complaint must carry the same case number as this one and must be filed

22

on the appropriate form, a copy of which will be sent with this Order. Plaintiff is advised that

23

any amended complaint will act as a complete substitute for the original complaint. See Ramirez
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE AN
AMENDED COMPLAINT - 1

1

v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Thus, any amended complaint

2

must clearly identify the defendant(s), the constitutional or federal statutory claim(s) asserted, the

3

specific facts that plaintiff believes support each claim, and the specific relief requested.

4

In addition, plaintiff may submit copies of his grievances, but he should not submit

5

additional evidence along with his complaint. Plaintiff may only file evidence in support of or

6

opposition to a motion that seeks action from the Court.

7

(3)

The Clerk is directed to send plaintiff the appropriate forms so that he may file an

8

amended complaint. The Clerk also is directed to send copies of this order to plaintiff, to the

9

Snohomish County Prosecutor’s Office, and to the Honorable John C. Coughenour.

10

Dated this 24th day of July, 2017.

11

A

12

JAMES P. DONOHUE
Chief United States Magistrate Judge

13
14
15
16
17
18
19
20
21
22
23
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE AN
AMENDED COMPLAINT - 2