Knapp v. California Department of Corrections and Rehabilitation et al

Filing 32

ORDER STRIKING 31 Amended Prisoner Civil Rights Complaint filed by David Knapp, signed by District Judge Roslyn O. Silver on 8/3/2011. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
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California Dept. of Corrections and)
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Rehabilitation, et al.,
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Defendants.
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David Knapp,

No. CV-08-780-ROS
ORDER

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On August 24, 2010, pursuant to Plaintiff’s request, the Court dismissed this case.

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(Doc. 30). On July 29, 2011, Plaintiff filed his “Second Amended Prisoner Civil Rights

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Complaint.” (Doc. 31). The right to amend one’s complaint expires when a case is

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dismissed. Newland v. Dalton, 81 F.3d 904, 906-07 (9th Cir. 1996) (“The district court could

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properly deny leave to amend the complaint after it had already dismissed the action.”).

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Plaintiff’s attempt to amend his complaint came close to one year after his case was

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dismissed. Thus, Plaintiff’s request to file an amended complaint will be denied and the

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amended complaint will be stricken. If Plaintiff wishes to initiate a new action, he should

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do so by filing an initial complaint in a new case.

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Accordingly,

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IT IS ORDERED the Amended Complaint (Doc. 31) is STRICKEN.

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Dated this 3rd day of August, 2011.

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