Garrison v. State of Washington Department Corrections

Filing 8

ORDER granting 5 MOTION/Letter to Amend the Complaint. The first amended complaint shall be due or before 7/6/12. Signed by Magistrate Judge J Richard Creatura. (CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT W GARRISON,
Plaintiff,

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v.
STATE OF WASHINGTON
DEPARTMENT CORRECTIONS et al.

CASE NO. C12-5396 BHS-JRC
ORDER GRANTING PLAINTIFF’S
MOTION TO AMEND THE
COMPLAINT

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Defendants.
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The District Court has referred this action to United States Magistrate Judge, J. Richard
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Creatura. The authority for the referral is 28 U.S.C. § 636(b) (1) (A) and (B), and local
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Magistrate Judge Rules MJR3 and MJR4. Plaintiff files the action of behalf of himself “and all
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similarly situated prisoners.” (ECF No.1, proposed complaint).
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Plaintiff asks that the Court grant him leave to file an amended complaint (ECF No. 5).
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The Court has not ordered service of this action and plaintiff does not need leave of Court to
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amend his complaint. Plaintiff may simply file the new complaint and title it as a “First
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Amended Complaint.” Fed. R. Civ. P. 15 (a)(1). The “First Amended Complaint” will be due on
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ORDER GRANTING PLAINTIFF’S MOTION TO
AMEND THE COMPLAINT - 1

1 or before July 6, 2012. This document will act as a complete substitute for the original complaint
2 and not as a supplement.
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Plaintiff attempted in his original complaint to file a class action. As a pro se litigant,

4 plaintiff may not represent a class. Torrez v. Corrections Corp. of America, 2010 WL 1009756
5 (D. Ariz. 2010); McShane v U.S. 366 F.2d 286, 288 (9th Cir. 1966). The amended complaint
6 needs to address issues plaintiff has standing to bring on his own behalf. Plaintiff must plead
7 facts showing how the named defendants allegedly violated his rights.
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If plaintiff believes a class should be certified he may file a motion and he should

9 consider the prerequisites for bring a class action that are set forth in Fed. R. Civ. P. 23.
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Dated this 8th day of June, 2012.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING PLAINTIFF’S MOTION TO
AMEND THE COMPLAINT - 2