Denton v. Pastor et al

Filing 16

ORDER Granting 8 Motion for Leave to Filed an Amended Complaint; by Magistrate Judge David W. Christel. Plaintiff's Amended Complaint is due by 7/13/2016; failure to timely file an amended complaint will result in the Court proceeding on Plaintiff's 4 Complaint. (GMR- cc: ptlf w/forms)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL DENTON,

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Plaintiff,

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ORDER GRANTING LEAVE TO FILE
AMENDED COMPLAINT

v.

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CASE NO. 3:16-CV-05314-RJB-DWC

PASTOR, PATTI JACKSON,
CHARLA JAMES-HUTCHISON,
CARUSO, KATHI MILLER, S JONES,
ANDY POWELL, A VANCLEAVE,

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Defendant.
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Plaintiff Michael Denton, proceeding pro se and in forma pauperis, initiated this action
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pursuant to 42 U.S.C. § 1983. Presently pending before the Court is Plaintiff’s Motion for Leave
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to File an Amended Complaint (“Motion”). Dkt. 8. 1

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Pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure,
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A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or

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Plaintiff has also objected to this Court’s order denying Plaintiff court-appointed counsel. See Dkt. 12.

24 Plaintiff’s objections are pending before Judge Robert J. Bryan, the District Judge assigned to this case.
ORDER GRANTING LEAVE TO FILE AMENDED
COMPLAINT - 1

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(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.

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The Motion is Plaintiff’s first motion to amend and he has not previously amended his
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Complaint in this case. Plaintiff filed the Motion after the Complaint and Waiver of Service
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forms were sent to Defendants. See Dkt. 11. However, the Motion was filed prior to Defendants’
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filing of a responsive pleading or motion under Rule 12(b). See Dkt. 23, 24, 26. Therefore,
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Plaintiff has the right to amend his Complaint as a matter of course pursuant to Rule 15(a)(1)(B).
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See Trudeau v. Direct Marking Concepts, Inc., 90 Fed.Appx 486 (9th Cir. 2003) (finding the
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plaintiff was allowed to amend his complaint as a matter of right when the motion to amend was
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filed before the defendant filed a responsive pleading). Accordingly, Plaintiff’s Motion is
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granted.
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Plaintiff has not attached a proposed amended complaint to his Motion. He has attached
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the supplemental claims he wishes to add to his Complaint. See Dkt. 8-1. To amend his
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Complaint, Plaintiff must file an amended complaint on the form provided by the Court. The
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amended complaint must be legibly rewritten or retyped in its entirety, it should be an original
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and not a copy, it should contain the same case number, and it may not incorporate any part of
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the Complaint by reference. The amended complaint will act as a complete substitute for the
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Complaint, and not as a supplement. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.
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1992).
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The Court reminds Plaintiff, under Federal Rule of Civil Procedure 8, a complaint must
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contain “a short and plain statement of the claim showing the pleader is entitled to relief,” and
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“[e]ach averment of a pleading shall be simple, concise, and direct.” Fed. R. Civ. P. 8(a)(e).
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Within the amended complaint, Plaintiff must write a short, plain statement telling the Court: (1)
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ORDER GRANTING LEAVE TO FILE AMENDED
COMPLAINT - 2

1 the constitutional right Plaintiff believes was violated; (2) the name of the person who violated
2 the right; (3) exactly what the individual did or failed to do; (4) how the action or inaction of the
3 individual is connected to the violation of Plaintiff’s constitutional rights; and (5) what specific
4 injury Plaintiff suffered because of the individual’s conduct. See Rizzo v. Goode, 423 U.S. 362,
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If Plaintiff fails to file an amended complaint by July 13, 2016, the Court will proceed on

7 Plaintiff’s Complaint.
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The Clerk is directed to send Plaintiff the appropriate forms for filing a 42 U.S.C. § 1983

9 civil rights complaint.
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Dated this 13th day of June, 2016.

A

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David W. Christel
United States Magistrate Judge

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ORDER GRANTING LEAVE TO FILE AMENDED
COMPLAINT - 3