Coleman v. Merritt et al

Filing 28

ORDER denying Plaintiff's 25 Motion for Leave to Amend Complaint without prejudice. Signed by Hon. Brian A Tsuchida. (SB) (cc: Plaintiff via USPS)

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

6
7
8

TRAVIS CLINTON COLEMAN ,

9

Plaintiff,

10
11
12

CASE NO. 2:24-cv-01566-JCC-BAT
ORDER DENYING MOTION TO
AMEND WITHOUT PREJUDICE,
DKT. 25

v.
C. MERRITT, et al.,
Defendant.

13

On September 9, 2024, Plaintiff filed a pro se 42 U.S.C. § 1983 civil rights action,

14

naming seven Defendants who are staff members of the King County Jail. Defendants filed an

15

answer on November 25, 2024. See Dkt. 22.

16

Plaintiff now moves for leave to file an amended complaint. Dkt. 25. The motion is

17

somewhat unclear, but it appears Plaintiff seeks leave to file an amended complaint that adds

18

new Defendants to his case. Id. While Plaintiff’s motion lists the names of individuals he appears

19

to seek to add as Defendants, Plaintiff did not include a proposed amended complaint. Id. The

20

lack of a proposed amended complaint makes it unclear whether there is any basis to grant

21

Plaintiff’s motion to amend his complaint. While Plaintiff states in his motion the new

22

Defendants he seeks to add are “implicated” he does not set forth in his motion what acts the new

23

Defendants did that violated his rights. Id.

ORDER DENYING MOTION TO AMEND
WITHOUT PREJUDICE, DKT. 25 - 1

1

Under Local Civil Rule (“LCR”) 15, a party seeking leave to amend a pleading must

2

“attach a copy of the proposed amended pleading as an exhibit to the motion[.]” The party must

3

also “indicate on the proposed amended pleading how it differs from the pleading that it amends

4

by bracketing or striking through the text to be deleted and underlining or highlighting the text to

5

be added.” While the Court reviews a pro se prisoner’s pleadings with leniency, Plaintiff must

6

show why leave to amend should be granted and must provide a copy of a complete proposed

7

amended complaint. The proposed amended complaint must contain all grounds for relief

8

Plaintiff seeks to pursue in this action. Plaintiff is also advised that his proposed amended

9

complaint must tell the Court: (1) the constitutional or statutory right plaintiff believes was

10

violated; (2) the name of the person who violated the right; (3) exactly what the individual did or

11

failed to do; (4) how the action or inaction of the individual is connected to the violation of

12

plaintiff’s constitutional rights; and (5) what specific injury plaintiff suffered because of the

13

individual’s conduct. See Rizzo v. Goode, 423 U.S. 362, 371–72, 377 (1976).

14

As Plaintiff has not complied with LCR 15 and has provided an insufficient basis to

15

permit amendment of the complaint, Plaintiff’s motion to file an amended complaint, Dkt. 25, is

16

DENIED without prejudice. The Clerk shall provide Plaintiff a copy of this order.

17

DATED this 3rd day of January, 2025.

18

A

19

BRIAN A. TSUCHIDA
United States Magistrate Judge

20
21
22
23

ORDER DENYING MOTION TO AMEND
WITHOUT PREJUDICE, DKT. 25 - 2