(PC) Bradford v. De Franco ( 2024 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND ALFORD BRADFORD, No. 2:21-CV-2169-DJC-DMC-P 12 Plaintiff, 13 v. ORDER 14 JEREMY DE FRANCO, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s supplemental complaint (erroneously 19 docketed as a motion for preliminary injunctive relief). See ECF No. 22. 20 In his filing, which is captioned “Supplemental Complaint,” Plaintiff alleges 21 conduct by various non-party prison officials occurring From May 2018 and February 2023 22 “through to date.” Id. at 3. It appears that Plaintiff seeks to supplement the original complaint to 23 add these new parties and allegations. 24 Under Federal Rule of Civil Procedure 15(d), the Court may permit a party to 25 serve a supplemental pleading setting out any transaction, occurrent, or event that happened after 26 the date of the pleading to be supplemented. See Fed. R. Civ. P. 15(d). Supplemental complaints 27 may only be allowed, however, on motion and reasonable notice. See id. Here, Plaintiff filed his 28 supplemental complaint without having filed a motion to do so or providing Defendant any notice 1 | of the request. Therefore, the supplemental complaint has not been properly filed and will be 2 | stricken. Cf Hardin v. Wal-Mart Stores, Inc., 813 F. Supp. 2d 1167, 1181 (E.D. Cal. 2011) 3 | (striking fourth amended complaint: “If an amended pleading cannot be made as of right and is 4 || filed without leave of court or consent of the opposing party, the amended pleading is a nullity 5 || and without legal effect.”); Sexton v. Spirit Airlines, Inc., 2022 WL 976914 (E.D. Cal. March 31, 6 || 2022) (striking amended complaint); Guthrie v. Hurwitz, 2018 WL 4005261, at *1 (E.D. Cal. 7 || Aug. 20, 2018) (striking amended complaint). 8 Accordingly, IT IS HEREBY ORDERED as follows: 9 1. Plaintiff's filing at ECF No. 22 is construed as a supplemental complaint 10 | filed absent notice and motion and, so construed, is STRICKEN. 11 2. The Clerk of the Court is directed to terminate ECF No. 22 as a pending 12 | motion. 13 | Dated: February 16, 2024 Ss..c0_, M4 DENNIS M. COTA 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28