Troupe v. Woods et al

Filing 32

ORDER granting 23 Motion to Amend, signed by Magistrate Judge David W. Christel.(CMG)cc: to Plaintiff

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

DAVID TROUPE,

11

Plaintiff,

13
14
15
16
17

ORDER GRANTING MOTION TO
AMEND

v.

12

CASE NO. 3:16-CV-05077-RBL-DWC

EDWARD WOODS, DONALD
MACWILLIAM, NATHANIEL BURT,
ALLISON COMSTOCK, ROBERT
HERZOG, DANIEL CUMMINGS,
ROBERT WARD, AARON
BROMLEY, PATRICK GLEBE,
DONNA SMITH, JAMES
THOMPSON, JOHN DOE 1, DON
GRIFFITH, ERIC WULF, ERIC WIRT,
Defendants.

18
19
20

Plaintiff David Troupe, proceeding pro se and in forma pauperis, initiated this action

21 pursuant to 42 U.S.C. § 1983. Presently pending before the Court is Plaintiff’s Motion and
22 Request for Leave to Amend Complaint (“Motion”) and a proposed Amended Complaint. Dkt.
23 23, 23-1.
24

Pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure,

ORDER GRANTING MOTION TO AMEND - 1

1
2
3

A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required,
21 days after service of a responsive pleading or 21 days after
service of a motion under Rule 12(b), (e), or (f), whichever is
earlier.

4
The Motion is Plaintiff’s first motion to amend and he has not previously amended his
5
Complaint in this case. Plaintiff filed the Motion after the Complaint and Waiver of Service
6
7
8
9
10
11
12
13
14

forms were sent to Defendants. See Dkt. 7-20, 23. However, he filed the Motion prior to
Defendants’ filing of a responsive pleading or motion under Rule 12(b). See Dkt. 23, 24, 26.
Therefore, Plaintiff has the right to file this proposed Amended Complaint as a matter of course
pursuant to Rule 15(a)(1)(B). See Trudeau v. Direct Marking Concepts, Inc., 90 Fed.Appx 486
(9th Cir. 2003) (finding the plaintiff was allowed to amend his complaint as a matter of right
when the motion to amend was filed before the defendant filed a responsive pleading).
Accordingly, Plaintiff’s Motion (Dkt. 23) is granted.
Dated this 26th day of April, 2016.

A

15
16

David W. Christel
United States Magistrate Judge

17
18
19
20
21
22
23
24

ORDER GRANTING MOTION TO AMEND - 2