United States District Court, E.D. California
MONICO J. QUIROGA III, Plaintiff,
SERGEANT GRAVES, et al., Defendants.
ORDER DENYING MOTION TO ADD JURISDICTION (ECF No.
24.) ORDER GRANTING LEAVE FOR PLAINTIFF TO FILE SECOND
AMENDED COMPLAINT WITHIN THIRTY DAYS, IF HE SO WISHES ORDER
FOR CLERK TO SEND PLAINTIFF CIVIL COMPLAINT FORM ORDER
DENYING REQUEST FOR COPIES (ECF. No. 29.)
S. AUSTIN, UNITED STATES MAGISTRATE JUDGE
J. Quiroga III (“Plaintiff”) is a prisoner
proceeding pro se and in forma pauperis with this civil
rights action pursuant to 42 U.S.C. § 1983. On February
19, 2016, Plaintiff filed the Complaint commencing this
action. (ECF No. 1.) On November 29, 2016, the court dismissed
the Complaint for failure to state a claim, with leave to
amend. (ECF No. 20.) On December 23, 2016, Plaintiff filed
the First Amended Complaint, which awaits the court's
requisite screening. (ECF No. 21.)
February 27, 2017, Plaintiff filed a motion to add
jurisdiction. (ECF No. 24.) On March 22, 2017, Plaintiff
requested a copy of the First Amended Complaint. (ECF No.
MOTION TO ADD JURISDICTION
has filed a motion to add jurisdiction. To the extent that
Plaintiff seeks to add information to the First Amended
Complaint, Plaintiff may not add information in this manner.
Rule 220 provides:
Unless prior approval to the contrary is obtained from the
Court, every pleading to which an amendment or supplement is
permitted as a matter of right or has been allowed by court
order shall be retyped and filed so that it is complete in
itself without reference to the prior or superseded pleading.
No pleading shall be deemed amended or supplemented until
this Rule has been complied with. All changed pleadings shall
contain copies of all exhibits referred to in the changed
pleading. Permission may be obtained from the Court, if
desired, for the removal of any exhibit or exhibits attached
to a superseded pleading, in order that the same may be
attached to the changed pleading.
Rule 220, Plaintiff may not amend the First Amended Complaint
by adding information after the First Amended Complaint has
been filed. To add information or make a correction to the
First Amended Complaint, Plaintiff must file a Second Amended
Complaint which is complete in itself.
Rule 15(a) of the Federal Rules of Civil Procedure, a party
may amend the party's pleading once as a matter of course
at any time before a responsive pleading is served.
Otherwise, a party may amend only by leave of the court or by
written consent of the adverse party. Fed.R.Civ.P. 15(a).
Here, because Plaintiff has already amended the complaint,
Plaintiff requires leave of court to file a Second Amended
15(a) is very liberal and leave to amend ‘shall be
freely given when justice so requires.'”
AmerisourceBergen Corp. v. Dialysis West, Inc., 445
F.3d 1132, 1136 (9th Cir. 2006) (quoting Fed.R.Civ.P. 15(a)).
However, courts “need not grant leave to amend where
the amendment: (1) prejudices the opposing party; (2) is
sought in bad faith; (3) produces an undue delay in the
litigation; or (4) is futile.” Id. The factor
of “‘[u]ndue delay by itself . . . is
insufficient to justify denying a motion to
amend.'” Owens v. Kaiser Foundation Health
Plan, Inc., 244 F.3d 708, 712, 713 (9th Cir.
2001) (quoting Bowles v. Reade, 198 F.3d 752, 757-58
(9th Cir. 1999)).
court finds no bad faith or futility in Plaintiff's
proposed amendment. Because the First Amended Complaint
awaits the court's requisite screening and has not been
served, there will be no undue delay or prejudice to
Defendants in allowing Plaintiff to file a Second Amended
Complaint at this stage of the proceedings. Therefore,
Plaintiff shall be granted leave to file a Second Amended
Complaint making the change he proposes, within thirty days,
if he so chooses. If Plaintiff chooses to amend the complaint
he must include all of his allegations and claims in the
Second Amended Complaint. If Plaintiff does not file a Second
Amended Complaint within thirty days, the court shall assume
that Plaintiff does not wish to file a Second Amended
Complaint and instead wishes to proceed with the First
REQUEST FOR FREE COPY
requests a free copy of his First Amended Complaint.
Plaintiff is advised that the Clerk does not ordinarily
provide free copies of case documents to parties. The Clerk
charges $.50 per page for copies of documents. See
28 U.S.C. § 1914(a). Copies of up to twenty pages may be
made by the Clerk's Office at this court upon written
request and prepayment of the copy fees. The fact that the
court has ...