Moseley v. Department of Social and Health Services et al

Filing 28

ORDER granting 25 Motion for Leave to file a third amended complaint. Clerk is directed to docket the proposed third complaint attached to plaintiff's motion as plaintiff's third amended complaint. Signed by Magistrate Judge J Richard Creatura.(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES DALE MOSELEY,
Plaintiff,

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v.
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES, et al.,

CASE NO. 3:17-cv-05427-BHS-JRC
ORDER GRANTING MOTION
FOR LEAVE TO FILE AMENDED
COMPLAINT

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Defendants.
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This 42 U.S.C. § 1983 civil rights matter has been referred to the undersigned Magistrate

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Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1,

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MJR 3, and MJR 4.

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Plaintiff, represented by counsel, requests leave to file a third amended complaint. As a

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matter of course, a party may amend its pleading once within 21 days of serving it or, if it is a

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pleading that requires a response, within 21 days after service of the response. Fed. R. Civ. Proc.

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15(a)(1). In all other cases, “a party may amend its pleading only with . . . the court’s leave.” Id.

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(a)(2). “The Court should freely give leave when justice so requires.” Id. Here, plaintiff requests

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ORDER GRANTING MOTION FOR LEAVE TO FILE
AMENDED COMPLAINT - 1

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permission to file a third amended complaint and defendants do not oppose it. Plaintiff’s counsel

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explains that he filed the third amended complaint because it, “among other things, expands upon

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the factual bases for the current [c]laims and adds necessary factual support.” Dkt. 25 at 2.

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Because this is plaintiff’s first request to amend since being represented by counsel, plaintiff

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includes additional factual allegations, and defendants do not oppose the motion, the Court

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determines that it is in the interest of justice to allow plaintiff leave to file a third amended

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complaint.

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Therefore, it is ORDERED:

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1) Plaintiff’s motion for leave to file a third amended complaint (Dkt. 25) is granted.

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2) The Clerk is directed to docket the proposed third amended complaint attached to

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plaintiff’s motion (Dkt. 25-1) as plaintiff’s third amended complaint.
Dated this 21st day of November, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING MOTION FOR LEAVE TO FILE
AMENDED COMPLAINT - 2