United States District Court, W.D. Washington, Tacoma
W. CHRISTEL UNITED STATES MAGISTRATE JUDGE.
David Daniels, proceeding pro se and in forma
pauperis, filed this civil rights complaint under 42
U.S.C. § 1983. The District Court has referred
this action to United States Magistrate Judge David W.
Christel. Presently pending in this action are
Plaintiff's: (1) Motion for Leave to File Amended
Complaint (“Motion to Amend, ” Dkt. 11) and (2)
Motion to Appoint Counsel (Dkt. 12). The Court grants
Plaintiff's Motion to Amend (Dkt. 11) and directs
Plaintiff to file an amended complaint on or before January
26, 2020. The Court denies Plaintiff's Motion to Appoint
Counsel (Dkt. 12) without prejudice.
Motion to Amend (Dkt. 11)
moves for leave to amend his complaint to add claims and
factual allegations. Dkt. 11. Plaintiff also seeks to
addresses for several defendants. Id.
to Rule 15(a) of the Federal Rules of Civil Procedure,
(1) Amending as a Matter of Course
A party may amend its pleading once as a matter of course
(A) 21 days after serving it, or (B) if the pleading is one
to which a responsive pleading is required, 21 days after
service of a responsive pleading or 21 days after service of
a motion under Rule 12(b), (e), or (f), whichever is earlier.
(2) Other Amendments
In all other cases, a party may amend its pleading only with
the opposing party's written consent or the court's
leave. The court should freely give leave when justice so
Motion to Amend is Plaintiff's first motion and he has
not previously amended his Complaint in this case. Plaintiff
filed the Motion to Amend before the Complaint was served and
prior to Defendants' filing of a responsive pleading or
motion under Rule 12(b). See Dkt. Therefore,
Plaintiff has the right to amend his Complaint as a matter of
course pursuant to Rule 15(a)(1)(B). See Trudeau v.
Direct Marking Concepts, Inc., 90 Fed.Appx. 486 (9th
Cir. 2003) (finding the plaintiff was allowed to amend his
complaint as a matter of right when the motion to amend was
filed before the defendant filed a responsive pleading).
Accordingly, Plaintiff's Motion to Amend (Dkt. 11) is
has not attached a proposed amended complaint to his Motion
to Amend. He has only briefly described the supplemental
claims he wishes to add to his Complaint. See Dkt.
11. To amend his Complaint, Plaintiff must file an amended
complaint on the form provided by the Court. The amended
complaint must be legibly rewritten or retyped in its
entirety, it should be an original and not a copy, it should
contain the same case number, and it may not incorporate any
part of the Complaint by reference. The amended complaint
will act as a complete substitute for the Complaint, and not
as a supplement. See Ferdik v. Bonzelet, 963 F.2d
1258, 1262 (9th Cir. 1992).
Court reminds Plaintiff, under Federal Rule of Civil
Procedure 8, a complaint must contain “a short and
plain statement of the claim showing the pleader is entitled
to relief, ” and “[e]ach averment of a pleading
shall be simple, concise, and direct.” Fed.R.Civ.P.
8(a)(e). Within the amended complaint, Plaintiff must write a
short, plain statement telling the Court: (1) the
constitutional right Plaintiff believes was violated; (2) the
name of the person who violated the right; (3) exactly what
the individual did or failed to do; (4) how the action or
inaction of the individual is connected to the violation of
Plaintiff's constitutional rights; and (5) what specific
injury Plaintiff suffered because of the individual's
conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72,
Plaintiff fails to file an amended complaint by January 26,
2020 the Court will proceed on Plaintiff's Complaint. The
Clerk is directed to send Plaintiff the appropriate forms ...