UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 19, 2013
SANTOS C. MALDONADO,
DONNIE YOUNGBLOOD, ET. AL, DEFENDANTS.
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER GRANTING 21-DAY EXTENSION TO FILE AMENDED COMPLAINT (Doc. 13).
Plaintiff is a prisoner proceeding pro se and in forma pauperis in an action pursuant to 42 U.S.C. § 1983. On March 6, 2013, Plaintiff filed his Response to the Court's order to show cause, dated February 22, 2013. (Doc. 13). For the reasons stated below, the Court GRANTS Plaintiff a FINAL twenty-one day extension in which to file his First Amended Complaint.
Plaintiff filed his complaint against Defendants Youngblood and Hernandez on July 16, 2012. (Doc. 1). The Court dismissed the Complaint on January 28, 2013, ("January 28 Order") and gave Plaintiff leave to amend his complaint within twenty-one days from January 28, 2013. (Doc. 9). The Clerk of the Court served Plaintiff with the Order, dated January 28, 2013, via U.S. mail at Plaintiff's last known address provided to the Court.
On February 6, 2013, the Court received a notice of Defendant's change
of address which was
listed as the Kern County Jail. (Doc. 10). Plaintiff failed to amend
his Complaint within twenty-one 3 days and thus the Court issued an
Order to Show Cause on February 22, 2013. (Doc. 12). In his
Response to the Show Cause Order, dated February 22, 2013, Plaintiff
claims that he did not receive 5 the January 28 Order due to a change
of address caused by his incarceration on December 30, 2012. (Doc. 13). Plaintiff further claims that he is in the process of
gathering "medical records and all other 7 documents needed in this
matter." Id. 8
Under Fed.R.Civ.P. 83 and L.R. 182(f), Plaintiff is under a continuing duty to inform the Clerk of the Court of any change of address. Without such notice, L.R. 182(f) deems service of court documents to the prior address to be effective service. Here, the Court notes that Plaintiff was arrested on December 30, 2012. Plaintiff did not inform the Court of his change of address until February 6, 2013, which was more than thirty days after his arrest.*fn1 The Clerk's service of the January 28, 2013, Order is therefore deemed effective.
Furthermore, Fed.R.Civ.P. 8(a) requires a plaintiff to provide the Court with a short and plain statement of the facts to indicate that he or she is entitled to relief. Documents such as medical records and other documents supporting a party's claim need not be attached to complaints and should not be filed with the court unless the evidence is needed to counter a motion or otherwise. Likewise, such records need not be produced to defendants until the discovery phase of litigation. See e.g., Fed.R.Civ.P. 26, 33 and 34.
Moreover, had Plaintiff believed that the medical records were needed before he could plead his complaint, he should have sought them before instigating this action. Thus, Plaintiff must state his claim in compliance with Fed.R.Civ.P. 8(a) based upon his knowledge of the facts without awaiting his medical records or "other documents."
The Court HEREBY ORDERS that:
1. Plaintiff is hereby GRANTED a FINAL twenty-one day extension of time from the 3 4 date of service of this Order to file an amended complaint that addresses the deficiencies set forth in 5 the January 28, 2013 Order;
2. The Clerk of the Court is directed to re-send the January 28, 2013 Order (Doc. 9) to Plaintiff along with the form complaint for use in a civil rights action; and 8
3. Plaintiff is firmly cautioned that failure to comply with this order and file his first 9 amended complaint in the time permitted will result in an order dismissing this action.
IT IS SO ORDERED.