THOMAS v. GUFFY, 2:14-cv-0066 JAM KJN P. (2015)
Court: District Court, E.D. California
Number: infdco20150403629
Visitors: 14
Filed: Apr. 02, 2015
Latest Update: Apr. 02, 2015
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. 1983. Pending before the court is plaintiff's motion for leave to file a third amended complaint. (ECF No. 67.) Plaintiff seeks leave to correctly identify the name of previously named defendant Yang. Plaintiff alleges that he has recently discovered that this defendant is correctly identified as defendant Canedy. Plaintiff's motion to am
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. 1983. Pending before the court is plaintiff's motion for leave to file a third amended complaint. (ECF No. 67.) Plaintiff seeks leave to correctly identify the name of previously named defendant Yang. Plaintiff alleges that he has recently discovered that this defendant is correctly identified as defendant Canedy. Plaintiff's motion to ame..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion for leave to file a third amended complaint. (ECF No. 67.) Plaintiff seeks leave to correctly identify the name of previously named defendant Yang. Plaintiff alleges that he has recently discovered that this defendant is correctly identified as defendant Canedy. Plaintiff's motion to amend was not accompanied with a proposed third amended complaint.
If plaintiff wishes to name a new defendant, i.e., defendant Canedy, he must file an amended complaint naming this defendant. The amended complaint must also include all claims against the previously named defendants. Accordingly, plaintiff's motion to amend is denied because it was not accompanied by a proposed third amended complaint.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for leave to file a third amended complaint (ECF No. 67) is denied without prejudice.
Source: Leagle
