Downey v. Snohomish County Sheriffs Office et al

Filing 17

ORDER striking plaintiff's 9 Motion to Amend. Clerk is directed to send plaintiff the appropriate forms so that he may file an amended complaint. Signed by Hon. Mary Alice Theiler. (PM) cc: order and form sent to plaintiff via the U.S. Mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DYLAN JAMES DOWNEY,
Plaintiff,

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v.

Case No. C17-1024-JCC-MAT
ORDER STRIKING PLAINTIFF’S
MOTION FOR LEAVE TO FILE AN
AMENDED COMPLAINT

TY TRENARY, et al.,
Defendants.

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This is a civil rights action brought under 42 U.S.C. § 1983. This matter comes before the

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Court at the present time on plaintiff’s motion for leave to file an amended complaint. Plaintiff

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indicates in his motion that he is seeking to add to his complaint new defendants, language

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regarding supplemental jurisdiction, facts supporting his claims, and clarification regarding

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exhaustion of administrative remedies. (See Dkt. 9.) At this stage of the proceedings, plaintiff’s

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motion is unnecessary because defendants have yet to file a responsive pleading and, thus, leave

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of court is not required for plaintiff to amend his complaint. See Fed. R. Civ. P. 15(a)(1).

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Moreover, even if leave of court were required for plaintiff to amend at this juncture, plaintiff’s

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ORDER STRIKING PLAINTIFF’S MOTION FOR
LEAVE TO FILE AN AMENDED COMPLAINT
PAGE - 1

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motion is deficient because he failed to submit with his motion a proposed amended complaint.

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See LCR 15.

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If plaintiff wishes to amend his complaint, he must submit an actual amended pleading and

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not simply a list of proposed changes to his original pleading. Plaintiff is advised that if he chooses

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to file an amended pleading, that pleading will operate as a complete substitute for his original

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pleading. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.) (citing Hal Roach Studios, Inc.

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v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1990) (as amended), cert. denied,

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506 U.S. 915 (1992). Reference to a prior pleading or another document is unacceptable -- once

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an amended complaint is filed, the original pleading no longer serves any function. Thus, any

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amended complaint should clearly identify all intended defendant(s), the constitutional claim(s)

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asserted, the specific facts which plaintiff believes support each and every claim, and the specific

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relief requested.

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Based on the foregoing, the Court hereby Orders as follows:

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(1)

Plaintiff’s motion for leave to file an amended complaint (Dkt. 9) is STRICKEN.

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(2)

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

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amended complaint. The Clerk is further directed to send copies of this Order to plaintiff and to

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the Honorable John C. Coughenour.

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DATED this 25th day of August, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER STRIKING PLAINTIFF’S MOTION FOR
LEAVE TO FILE AN AMENDED COMPLAINT
PAGE - 2