Calloway v. Adams et al

Filing 30

ORDER Regarding 29 Motion, signed by Chief Judge Ralph R. Beistline on 10/8/14. 30-Day Deadline to File Amended Complaint. (Verduzco, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMISI JERMAINE CALLOWAY,
Case No. 1:11-cv-01281-RRB
Plaintiff,
ORDER REGARDING
MOTION AT DOCKET 29

vs.
D. G. ADAMS, Warden, Corcoran State
Prison, et al,
Defendants.

At Docket 29 Plaintiff Jamisi Jermaine Calloway filed his status report. In that
document Calloway requested that he be granted an additional 30 days within which to file his
amended complaint. On February 13, 2014, the Court dismissed his complaint with leave to
amend.1 In addition to seeking additional time within which to file his amended complaint in
compliance with the Court’s earlier Order, it appears that Calloway seeks to expand his
complaint to include claims of violations of his First, Eighth, and Fourteenth Amendment rights
for acts that occurred between 2007 and 2014. This Court is not inclined to grant Calloway
leave to file an open-ended amended complaint that, in addition to arising after his transfer
from California State Prison–Cochran, more likely than not includes unrelated claims against

1

Docket 13. In that Order this Court, although expressing doubt that Calloway
could adequately truthfully plead an Eighth Amendment claim based upon his alleged denial
of an adequate renal diet, ice chips, hypoallergenic soap, shampoo, and moisturizing lotion,
nonetheless granted Calloway leave to amend. All other claims, i.e., his request for a transfer,
denial of a renal transplant, and forced medical treatment, were dismissed without leave to
amend.
ORDER REGARDING MOTION AT DOCKET 29
Calloway v. Adams, 1:11-cv-01281-RRB – 1

multiple parties, some of which may either be barred by the applicable limitations period or
more properly part of one of the five § 1983 cases Calloway had pending in this Court at the
time he filed the complaint in this matter.2
Accordingly, to the extent that Calloway wishes to raise claims in addition to his Eighth
Amendment claim as permitted by the Court’s February 13, 2014, Order, Calloway’s request
is DENIED, without prejudice to bringing those claims in the appropriate court in the
appropriate manner.
For good cause shown, Calloway’s request for leave to file an amended complaint is
GRANTED. Calloway has through and including October 31, 2014, within which to file an
amended complaint in compliance with the Court’s February 13, 2014, Dismissal Order.
Calloway is reminded that his amended complaint must be limited to his Eighth Amendment
claim as permitted by this Court’s February 13, 2014, Order, no other.
IT IS SO ORDERED this 8th day of October, 2014.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

2

Listed in the Dismissal Order, Docket 13, p. 4 n.14.

ORDER REGARDING MOTION AT DOCKET 29
Calloway v. Adams, 1:11-cv-01281-RRB – 2