(PC) Joseph v. Rahimifar ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALONZO JOSEPH, 1:18-cv-01338-GSA-PC 12 Plaintiff, ORDER DENYING PLAINTIFF’S REQUEST FOR COURT TO ADD 13 vs. EXHIBITS TO FIRST AMENDED COMPLAINT 14 DR. RAHIMIFAR, et al., (ECF No. 20.) 15 Defendants. ORDER GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED 16 COMPLAINT WITH EXHIBITS ATTACHED, AS INSTRUCTED BY THIS 17 ORDER 18 THIRTY DAY DEADLINE 19 20 I. BACKGROUND 21 Alonzo Joseph (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 22 with this civil rights action pursuant to 42 U.S.C. § 1983. On September 4, 2018, Plaintiff filed 23 the Complaint commencing this action. (ECF No. 1.) On August 28, 2019, the court screened 24 the Complaint and dismissed the Complaint for failure to state a claim, with leave to amend. 25 (ECF No. 15.) On September 27, 2019, Plaintiff filed the First Amended Complaint. (ECF No. 26 18.) 27 On December 5, 2019, Plaintiff filed a motion to add exhibits to the First Amended 28 Complaint. (ECF No. 20.) II. LOCAL RULE 220 AND FEDERAL RULE OF CIVIL PROCEDURE 15(a) - 1 AMENDING THE COMPLAINT 2 Local Rule 220 provides, in part: 3 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 4 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allowed by court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded pleading.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 5 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 6 pleading. 7 Plaintiff has submitted nine pages of exhibits to the court separate from the First Amended 8 Complaint, with a request for the court to accept the exhibits as part of the First Amended 9 Complaint. Plaintiff may not add supporting exhibits in this manner. Under Rule 220, Plaintiff 10 may not amend the First Amended Complaint by adding exhibits submitted separately from the 11 First Amended Complaint. To add information, or make a correction to the First Amended 12 Complaint, Plaintiff must file an amended complaint which is complete in itself without reference 13 to prior complaints. To add his exhibits Plaintiff must file a Second Amended Complaint, 14 complete in itself, with the exhibits attached. 15 Plaintiff explains that he submitted the exhibits separately from the First Amended 16 Complaint because he did not obtain the exhibits until after the First Amended Complaint was 17 filed. Plaintiff asserts that the exhibits are medical records showing he was infected with the 18 “Hep C” virus, and the Defendants did nothing to treat Plaintiff. 19 “Rule 15(a) is very liberal and leave to amend ‘shall be freely given when justice so 20 requires.’” AmerisourceBergen Corp. v. Dialysis West, Inc., 445 F.3d 1132, 1136 (9th Cir. 2006) 21 (quoting Fed. R. Civ. P. 15(a)). In the interest of justice, the court shall allow Plaintiff to file a 22 Second Amended Complaint with his exhibits attached, and must do so within thirty days. The 23 Second Amended Complaint does not need to be identical to the First Amended Complaint, but 24 it should be materially the same. Plaintiff is not granted leave to change the nature of the 25 complaint, add defendants for unrelated claims, or add allegations of events occurring after this 26 case was filed on September 4, 2018. If Plaintiff chooses to amend the complaint he shall clearly 27 title the amended complaint “Second Amended Complaint” and refer to case number 18-cv- 28 01338-GSA-PC. 1 III. CONCLUSION 2 Based on the foregoing, it is HEREBY ORDERED that: 3 1. Plaintiff’s motion for the court to add separate exhibits to the First Amended 4 Complaint is DENIED; 5 2. If Plaintiff wishes to include his exhibits, he must file a Second Amended 6 Complaint with the exhibits attached; 7 3. Plaintiff is granted leave to file a Second Amended Complaint within thirty days 8 of the date of service of this order, with his exhibits attached, as instructed by this 9 order; and 10 4. If Plaintiff does not file a Second Amended Complaint within the thirty-day 11 deadline, this case shall proceed with the First Amended Complaint filed on 12 September 27, 2019, without exhibits. 13 IT IS SO ORDERED. 14 15 Dated: January 23, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28