Novak v. Thatcher

Full title: MICHAEL STEVEN NOVAK, Plaintiff, v. JAMES THATCHER, Defendant

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Feb 17, 2009

Case No. C08-5711BHS/JKA (W.D. Wash. Feb. 17, 2009)

Opinion

Case No. C08-5711BHS/JKA.

February 17, 2009

ORDER GRANTING PLAINTIFF'S MOTION TO JOIN DEFENDANTS AND DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT

J. ARNOLD, Magistrate Judge

This Civil Rights action has been referred to the undersigned Magistrate Judge pursuant to Title 28 U.S.C. § 636(b)(1)(B). Before the court is plaintiff's motion asking for permissive joinder of four defendants (Dkt. # 14). Defendant Thatcher has responded and opposes the motion on grounds that the defendant has not filed a responsive pleading to the complaint. Defendant Thatcher argues leave of court is not needed (Dkt # 17).

Defendant Thatcher filed an answer on December 19, 2008. Thus leave of court is needed and plaintiff may not simply amend the complaint as a matter of right. See, Fed.R.Civ.P 15(a).

Plaintiff's motion is GRANTED. Plaintiff will have thirty days from the date of this order to file an amended complaint naming the four new defendants and Mr. Thatcher. The amended complaint will be a complete substitute for the original complaint. As plaintiff is not proceeding in forma pauperis plaintiff will have to arrange for service of the amended complaint on the four new defendants.

The Clerk is directed to send a copy of this Order to plaintiff.