Hahn v. Waddington et al

Filing 72

ORDER Denying Plaintiff's 64 Motion for Leave to File an Amended Complaint, signed by Magistrate Judge Theresa L Fricke. Plaintiff's Deadline for submitting Motion for Leave to Amend Complaint is 1/19/2018. **2 PAGE(S), PRINT ALL**(Aaron Hahn, Prisoner ID: 332715)(GMR)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 AARON HAHN, Case No. 3:14-cv-05047-RJB-TLF 7 8 9 10 Plaintiff, v. DOUG WADDINGTON, et al, ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT Defendants. 11 This matter comes before the Court on plaintiff’s filing of a motion for leave to file an 12 amended complaint. Dkt. 64. In his motion, plaintiff states that since the filing of his original 13 complaint, he has discovered evidence that will further substantiate his claims and would like to 14 add that evidence to his case. Id. 15 As defendants point out in their opposition to the motion, plaintiff has not attached a copy 16 of his proposed amended complaint as required by Local Rule LCR 15. For this reason, the Court 17 is denying plaintiff’s motion, but will give plaintiff to re-file his motion in accordance with LCR 18 15. Plaintiff should be aware that should he choose to re-file, in addition to “attach[ing] a copy of 19 the proposed amended pleading as an exhibit to” the motion, he “must indicate on the proposed 20 amended [complaint] how it differs from [his original complaint] by bracketing or striking 21 through the text to be deleted and underlining or highlighting the text to be added.” Id. Further, 22 “[t]he proposed amended pleading must not incorporate by reference any part of the preceding 23 pleading, including exhibits.” Id. 24 25 ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT - 1 1 Accordingly, if plaintiff still wishes to amend his original complaint he must by no later 2 than January 19, 2018, (1) file a motion for leave to amend his original complaint, (2) attach a 3 copy of his proposed amended complaint, indicating on the proposed amended complaint how it 4 differs from the original complaint by bracketing or striking through the text to be deleted and 5 underlining or highlighting the text to be added, and (3) not incorporate by reference any part of 6 his original complaint, including exhibits attached to the original complaint. 7 Dated this 21st day of December, 2017. 8 9 A 10 11 Theresa L. Fricke United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT - 2

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