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Petillo v. Jasso

United States District Court, E.D. California

December 19, 2019

ISAIAH J. PETILLO, Plaintiff,
v.
REYNALDO JASSO, et al., Defendants.

          ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT AND SECOND MOTION FOR RECONSIDERATION (ECF No. 13)

          Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE

         TWENTY-ONE (21) DAY DEADLINE

         I. Introduction

         Plaintiff Isaiah J. Petillo is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.

         On July 3, 2019, Plaintiff filed a complaint and an application to proceed in forma pauperis. (ECF Nos. 1, 2.)

         On July 8, 2019, the assigned Magistrate Judge issued findings and recommendations that Plaintiff's application to proceed in forma pauperis be denied pursuant to 28 U.S.C. § 1915(g) and that Plaintiff be required to pay the $400.00 filing fee in full in order to proceed with this action. (ECF No. 5.) The findings and recommendations were served on Plaintiff and contained notice that any objections thereto were to be filed within thirty (30) days after service of the findings and recommendations. (Id.)

         Also, on July 8, 2019, Plaintiff filed a second application to proceed in forma pauperis. (ECF No. 6.)

         On September 13, 2019, after Plaintiff failed to file objections to the findings and recommendations, the undersigned issued an order adopting the July 8, 2019 findings and recommendations in full and denied both of Plaintiff's applications to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). (ECF No. 8.) The undersigned ordered Plaintiff to pay the $400.00 filing fee in full within twenty-one days from the date of service of the order. (Id.)

         On September 30, 2019, Plaintiff filed a motion for a 30-day extension of time to pay the filing fee. (ECF No. 9.) On October 1, 2019, the Magistrate Judge granted Plaintiff an additional 30 days to pay the $400.00 filing fee in full. (ECF No. 10.) Therefore, Plaintiff was required to pay the $400.00 filing fee in full on or before November 4, 2019.

         However, on October 28, 2019, Plaintiff filed a third application to proceed in forma pauperis. (ECF No. 11.)

         On November 14, 2019, the Court denied Plaintiff's third application to proceed in forma pauperis, construed as a motion for reconsideration. (ECF No. 12.) The Court also granted Plaintiff an additional twenty-one (21) days from the date of the service of the order to pay the $400.00 filing fee in full. (Id. at 5.)

         On December 6, 2019, Plaintiff filed a document captioned: “Plaintiff alleges “Ongoing danger, ” Imminent Danger of Serious Physical Injury - Seeks to Add Additional Defs to Compl. § 1915(g).” (ECF No. 13.) In his filing, Plaintiff asserts that he is in imminent danger of serious physical harm due to events that occurred between him and six Correctional Officers on November 24 and 25, 2019 and that he wants to amend his complaint to include multiple new claims against eight new defendants. Hence, the Court construes Plaintiff's filing as a motion for leave to file a supplemental complaint and a second motion for reconsideration of the Court's September 13, 2019 order adopting the July 8, 2019 findings and recommendations, denying Plaintiff's applications to proceed in forma pauperis, and ordering Plaintiff to pay the $400.00 filing fee in full in order to proceed with this action.

         II. Motion for Leave to File a Supplemental Complaint

         Plaintiff states in his December 6, 2019 filing that he seeks to amend his complaint to include multiple new claims against eight new defendants. However, since all the events at issue in the new claims against the new defendants occurred after Plaintiff's complaint was filed, it is clear that Plaintiff is actually seeking leave ...


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