(PC) Trevino v. Sheehan

Opinion

ROBERT TREVINO, Case No. 2:23-cv-00235-KJM-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO ADD EXHIBITS TO SECOND v. AMENDED COMPLAINT AND DIRECTING PLAINTIFF TO FILE A THIRD AMENDED X. SHEEHAN, et al., COMPLAINT Defendants. ECF Nos. 18 & 19 Plaintiff alleges various violations of his rights in connection with a denial of parole. ECF No. 18 at 5. Before I screened the most recent complaint, however, plaintiff filed a motion seeking to add additional exhibits to the complaint. ECF No. 19. Generally, a complaint, should be complete in itself without reference to other filings. See Goodbar v. Paldara, No. 1:21-cv- 01811-GSA-PC, 2022 U.S. Dist. LEXIS 83423, 2022 WL 1462142, at *1 (E.D. Cal. May 9, 2022) (“Under Rule 220, Plaintiff may not amend the Complaint by adding new information submitted separately from the Complaint. [Instead], Plaintiff must file an amended complaint which is complete in itself, without reference to prior complaints.”). Rather than granting his motion and circumventing this rule, I will direct plaintiff to submit a third amended complaint within thirty days. The complaint will need to be complete in itself; it will need to contain all the allegations and exhibits that he wishes to have considered. Accordingly, it is ORDERED that: 1. Plaintiffs motion to add exhibits to the second amended complaint, ECF No. 19, is DENIED. 2. Within thirty days of this order’s entry, plaintiff shall submit a third amended complaint that contains all claims and exhibits he wishes to have considered. If he fails to do so, I shall screen his second amended complaint and disregard the exhibits he has recently attempted to add. 3. The Clerk of Court shall send plaintiff a section 1983 complaint form with this order. IT IS SO ORDERED. ( 1 Ow — Dated: _ August 28, 2024 Q_—— JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE