Opinion
CASE NO. 1:11-cv-01130-SKO PC Doc. 9 Doc. 10
09-27-2011
MICHAEL WHITFIELD, Plaintiff, v. ELLEN GREENMAN, M.D., et al., Defendants.
ORDER DENYING MOTION TO AMEND TO ADD A PARTY WITHOUT FILING AN
AMENDED COMPLAINT COMPLETE WITHIN ITSELF
Plaintiff Michael Whitfield, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 8, 2011. On September 21, 2011, Plaintiff filed two related motions seeking leave to add G. Salcedo as a defendant without having to file an amended complaint that is complete within itself.
Plaintiff may not amend in a piecemeal manner. He is required to submit an amended complaint that is complete within itself without reference to the earlier pleading. Local Rule 220; Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). In a separate order issued concurrently with this order, the Court screened Plaintiff's complaint and dismissed it, with leave to amend, for failure to state a claim. Therefore, in amending in compliance with the screening order, Plaintiff has the opportunity to add G. Salcedo as a party.
For these reasons, Plaintiff's motion to amend to add G. Salcedo as a party without filing an amended complaint that is complete within itself is HEREBY DENIED.
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE