Brown v. Schnoor et al

Filing 25

ORDER denying 23 Motion to Amend, 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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KEVIN A BROWN,

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Plaintiff,
v.
MARK SCHNOOR, TERRY
MCELRAVY, PAT GLEBE, D DAHNE,
KERRY MCTARSNEY.

CASE NO. C14-5099 RJB-JRC
ORDER DENYING PLAINTIFF’S
MOTION TO AMEND THE
COMPLAINT

Defendants.
The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States
Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local
Magistrate Judge Rules MJR1, MJR3 and MJR4.
Plaintiff asks for leave to file an amended complaint (Dkt. 23). Plaintiff filed this action
in February of 2014 (Dkt. 5). Defendants answered the complaint in April of 2014 (Dkt. 13).
On April 8, 2014, the Court entered a scheduling order that gave the parties six months to
conduct discovery (Dkt. 14). Discovery closed on October 17, 2014 (id.). On the day discovery
closed, plaintiff filed his motion to amend the complaint (Dkt. 23).

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ORDER DENYING PLAINTIFF’S MOTION TO
AMEND THE COMPLAINT - 1

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The Court has reviewed the proposed amended complaint, (Dkt. 23-1). The proposed

2 amended complaint is substantially the same as the original. While leave to amend should be
3 freely given under Fed. R. Civ. P 15(a)(2), this motion is not timely. The time the Court allotted
4 for discovery has run. Additionally, plaintiff has not shown good cause for the need to file the
5 amended complaint. Accordingly, the Court denies plaintiff’s motion to amend the complaint.
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Dated this 20th day of October, 2014.

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A

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J. Richard Creatura
United States Magistrate Judge

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