Bennett v. Cody

W.D. Washington

Bennett v. Cody

DecidedJuly 19, 2021

Docket3:21-cv-05153

StatusUnknown

This text of Bennett v. Cody (Bennett v. Cody) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bennett v. Cody, (W.D. Wash. 2021).

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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 KRIS K. BENNETT, CASE NO. 3:21-cv-05153-JCC-JRC 11 Plaintiff, ORDER DENYING PLAINTIFF’S 12 v. MOTION TO AMEND COMPLAINT 13 WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., 14 Defendants. 15 16 Before the Court is plaintiff’s motion to amend the complaint. Dkt. 7. Plaintiff Kris K. 17 Bennet, proceeding pro se, paid the filing fee and his complaint was filed on March 10, 2021. 18 See Dkt. 3. Plaintiff may still amend his complaint as a matter of right. See Fed. R. Civ. P. 19 15(a)(1). However, plaintiff has not provided the Court with a proposed amended pleading in 20 support of his motion. See Local Civil Rule 15 (“A party who moves for leave to amend a 21 pleading, or who seeks to amend a pleading by stipulation and order, must attach a copy of the 22 proposed amended pleading as an exhibit to the motion or stipulation.”). Plaintiff seeks to 23 supplement his prior complaint, but an amended pleading operates as a complete substitute for 24 1 the original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992) (citing Hal 2 Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990)). “All causes of 3 action alleged in an original complaint which are not alleged in an amended complaint are 4 waived.” Marx v. Loral Corp., 87 F.3d 1049, 1055-56 (9th Cir. 1996) (quoting King v. Atiyeh, 5 814 F.2d 565 (9th Cir. 1987)).

6 In order to amend his complaint, plaintiff must file a complete amended complaint, and 7 not a supplement. Plaintiff shall present the amended complaint on the form provided by the 8 Court. The amended complaint must be legibly rewritten or retyped in its entirety, it should be an 9 original and not a copy, it should contain the same case number, and it may not incorporate any 10 part of the original complaint by reference. The amended complaint will act as a complete 11 substitute for the original complaint and not as a supplement. 12 Therefore, plaintiff’s motion to amend the complaint is denied without prejudice, 13 meaning that plaintiff can file a new motion with a complete amended complaint as described 14 above.

15 The Clerk is directed to send plaintiff this Order along with the appropriate forms for 16 filing a 42 U.S.C. § 1983 civil rights complaint. 17 Dated this 19th day of July, 2021. 18 A 19 J. Richard Creatura Chief United States Magistrate Judge 20

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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 KRIS K. BENNETT, CASE NO. 3:21-cv-05153-JCC-JRC 11 Plaintiff, ORDER DENYING PLAINTIFF’S 12 v. MOTION TO AMEND COMPLAINT 13 WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., 14 Defendants. 15 16 Before the Court is plaintiff’s motion to amend the complaint. Dkt. 7. Plaintiff Kris K. 17 Bennet, proceeding pro se, paid the filing fee and his complaint was filed on March 10, 2021. 18 See Dkt. 3. Plaintiff may still amend his complaint as a matter of right. See Fed. R. Civ. P. 19 15(a)(1). However, plaintiff has not provided the Court with a proposed amended pleading in 20 support of his motion. See Local Civil Rule 15 (“A party who moves for leave to amend a 21 pleading, or who seeks to amend a pleading by stipulation and order, must attach a copy of the 22 proposed amended pleading as an exhibit to the motion or stipulation.”). Plaintiff seeks to 23 supplement his prior complaint, but an amended pleading operates as a complete substitute for 24 1 the original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992) (citing Hal 2 Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990)). “All causes of 3 action alleged in an original complaint which are not alleged in an amended complaint are 4 waived.” Marx v. Loral Corp., 87 F.3d 1049, 1055-56 (9th Cir. 1996) (quoting King v. Atiyeh, 5 814 F.2d 565 (9th Cir. 1987)).

6 In order to amend his complaint, plaintiff must file a complete amended complaint, and 7 not a supplement. Plaintiff shall present the amended complaint on the form provided by the 8 Court. The amended complaint must be legibly rewritten or retyped in its entirety, it should be an 9 original and not a copy, it should contain the same case number, and it may not incorporate any 10 part of the original complaint by reference. The amended complaint will act as a complete 11 substitute for the original complaint and not as a supplement. 12 Therefore, plaintiff’s motion to amend the complaint is denied without prejudice, 13 meaning that plaintiff can file a new motion with a complete amended complaint as described 14 above.

15 The Clerk is directed to send plaintiff this Order along with the appropriate forms for 16 filing a 42 U.S.C. § 1983 civil rights complaint. 17 Dated this 19th day of July, 2021. 18 A 19 J. Richard Creatura Chief United States Magistrate Judge 20

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