Alverto v. Department of Corrections et al

Filing 13

ORDER denying 8 Motion to Amend; granting 9 Motion for Extension of Time. Plaintiff shall submit addresses for each of the listed defendants and 26 copies of his complaint (with attachments), on or before 9/30/11. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JEROME CEASAR ALVERTO,
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Plaintiff,
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v.
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DEPARTMENT OF CORRECTIONS,
C/O FINCH, C/O PERCIFIELD, C/O
GRIJALVA, SGT. C. ROOP,
HERBERT C. PENROSE, MICHAEL
ESTES, KRISTI ENTROP, DR.
JUGUILON, STEPHEN SINCLAIR,
RAYMOND BUCHMANN, C/O
ADAMIRE, RON FRAKER, ROB
JACKSON, COUNSELOR WALKER,
KURT GRUBB, C/O DELEON, C/O
PALMER, JASON ROMERO, ADELE
WILLIAMS, BRYAN MCGARVIE,
DARREN HEAWARD, DENISE
LARSON, LT. TOM TABER, JASON
ULRICH, and STATE OF
WASHINGTON,

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NO. C11-5572 RJB/KLS
ORDER DENYING PLAINTIFF’S
MOTION TO WITHDRAW
ORIGINAL COMPLAINT AND
GRANTING EXTENSION

Defendants.
Before the Court are Plaintiff’s motions to amend and for an extension of time. ECF

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Nos. 8 and 9. For the reasons stated below, the motion to amend is denied and Plaintiff is
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granted an extension of time to provide the Court with copies of his complaint and addresses
for the Defendant.

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ORDER

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BACKGROUND
Mr. Alverto filed his motion for leave to proceed in forma pauperis and a proposed
civil rights complaint on July 25, 2011. ECF No. 1. On July 28, 2011, that motion was
granted and the Clerk docketed the complaint. ECF Nos. 5 and 6. By letter dated July 27,

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2011, the Clerk directed Plaintiff to provide addresses for each named defendant and copies of

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the complaint for service on the defendants. ECF No. 4. Plaintiff was given a deadline of

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August 29, 2011 to provide the needed addresses and copies of the complaint so that the Court

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could serve the complaint on the named defendants. Id.

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On August 10, 2011, Plaintiff filed the motions to amend and for an extension of time.
ECF Nos. 8 and 9. He states that he has “become confused with the assigning of 2 different

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case numbers to the original complaint.” ECF No. 8, p. 2. He requests leave to withdraw his
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complaint and submit an amended complaint, which is to include copies of the complaint for

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each defendant, summons for each defendant and marshal forms. Id. Plaintiff also requests a

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thirty day extension of time to comply with the Clerk’s request to provide addresses for the

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named defendants. ECF No. 9. Plaintiff has not submitted a proposed amended complaint for

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the Court’s review. On August 19, 2011, Plaintiff submitted addresses and marshal forms for

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24 defendants.

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DISCUSSION

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Pursuant to Federal Rule of Civil Procedure (AFed. R. Civ. P.@) 15(a)(1), A[a] party

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may amend its pleading once as a matter of course within (A) 21 days after serving it, or (B) if

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the pleading is one to which a responsive pleading is required, 21 days after service of a

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ORDER

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responsive pleading or 21 days after service of a motion under Rule 12(b), (e) or (f),

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whichever is earlier.”

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Plaintiff’s original complaint has not yet been served because Plaintiff has not yet
provided the Court with addresses for the Defendants. Plaintiff appears to be confused by the

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assignment of a case number to this case and the Clerk’s directive that he provide service

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addresses. There are not two case numbers for Plaintiff’s complaint. The Clerk originally

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assigned a tracking number (P#1572) to Plaintiff’s correspondence received by the Clerk from

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Plaintiff before Plaintiff had ever filed a complaint. ECF No. 8, p. 4. After Plaintiff filed his

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application to proceed in forma pauperis and a complaint, the Clerk assigned the Case
Number C11-5572RJB/KLS to this case and advised Plaintiff accordingly. ECF No. 4.

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Plaintiff did not submit a proposed amended complaint for the Court’s review. It does
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not appear that he wishes to amend his complaint in any substantive way (by adding

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defendants or claims) but instead, wants to withdraw his complaint and then resubmit it as an

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amended complaint, along with the required information for service. This is not necessary.

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Plaintiff simply needs to provide the Court with a list of addresses for each of the defendants

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listed on his complaint. Plaintiff also needs to make 26 copies of his 127 page complaint so

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that the Court may direct service of the complaint on each of the Defendants. The Court will

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grant Plaintiff an extension of time to do this.
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If Plaintiff truly wishes to amend his complaint to add claims or defendants, he will

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need to first provide the Court with a full copy of his amended complaint so that the Court

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may review it. The filing of an amended complaint supersedes the original in its entirety.

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This means that the original will be as if it never existed. Thus, if Plaintiff wishes to amend

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ORDER

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his complaint, he must set forth all of the parties, claims and damages in a proposed amended

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complaint and submit it for the court’s review. The amended complaint must be complete in

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itself without reference to the original complaint.
Accordingly, it is ORDERED:

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(1)

Plaintiff’s motion to amend (ECF No. 8) is DENIED.

(2)

Plaintiff’s motion for an extension of time (ECF NO. 9) is GRANTED;

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Plaintiff shall submit addresses for each of the listed defendants and 26 copies of his

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complaint (with attachments), on or before September 30, 2011.

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DATED this 30th day of August, 2011.
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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER

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