Gonzales v. Tate

Filing 15

ORDER GRANTING Motions to Amend and for a Copy of the Amended Complaint 9 , 12 , 13 ; Plaintiff's Amended Complaint Due Within Thirty Days, signed by Magistrate Judge Michael J. Seng on 8/26/12: Clerk's Office is DIRECTED to send Plaintiff a copy of his First Amended Complaint 10 . (Attachments: # 1 Amended Complaint - blank form)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMY GONZALES

CASE NO.

1:11-cv-01997-AWI-MJS (PC)

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Plaintiff,

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v.

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ORDER GRANTING MOTIONS TO AMEND
AND FOR A COPY OF THE AMENDED
COMPLAINT

HAROLD TATE,
(ECF Nos. 9, 12, 13)

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Defendant.
PLAINTIFF’S AMENDED COMPLAINT DUE
WITHIN THIRTY DAYS

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/

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Plaintiff Jimmy Gonzales (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
Plaintiff filed his initial Complaint on December 2, 2011, alleging violation of his

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rights under the Eighth Amendment due to inadequate medical care. The Court has yet
to screen Plaintiff’s Complaint or order service.

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On April 3, 2012, Plaintiff filed a motion to amend the complaint. (ECF No. 9.) On

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April 16, 2012, Plaintiff filed a First Amended Complaint. (ECF No. 10.) On June 11, 2012,

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Plaintiff filed another motion to amend. (ECF No. 13.) Also on June 11, 2012, Plaintiff filed

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a motion requesting that the Court provide him with a copy of his First Amended Complaint

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and permission to send the Court evidence that he had exhausted his administrative

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remedies. (ECF No. 12.)

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Plaintiff’s motions are now before the Court.

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I.

MOTIONS TO AMEND THE COMPLAINT

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Plaintiff has asked to amend his original Complaint and First Amended Complaint

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so that he can include additional information and additional parties. (ECF Nos. 9, 12, and

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13.)

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The Federal Rules of Civil Procedure state that leave to amend shall be freely given.
Fed. R. Civ. P. 15(a)(2). Plaintiff’s motions are GRANTED.

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However, the Court will not simply add the allegations contained in the instant

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motions to Plaintiff’s First Amended Complaint. Plaintiff must file an amended complaint

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that includes all of the facts that make up his claim. As a general rule, an amended

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complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir.

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1967). Once an amended complaint is filed, the original complaint no longer serves any

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function in the case. The Court will not refer to or consider any matter in the First

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Amended Complaint.

Therefore, in an amended complaint, each claim and the

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involvement of each defendant must be sufficiently alleged. The amended complaint

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should be clearly and boldly titled “Second Amended Complaint,” refer to the appropriate

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case number, and be an original signed under penalty of perjury.

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Plaintiff shall file his amended complaint within thirty (30) days of service of this
order. Failure to comply with this deadline may result in dismissal of this action.

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II.

MOTION FOR A COPY OF THE FIRST AMENDED COMPLAINT
Plaintiff has requested that the Court provide him with a copy of his First Amended

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Complaint. (ECF No. 12.)

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Plaintiff’s motion is GRANTED and the Clerk’s Office is directed to send Plaintiff a
copy of his First Amended Complaint (ECF No. 10).

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IT IS SO ORDERED.
Dated:
ci4d6

August 26, 2012

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE