Puckett v. Zamora et al
Filing
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ORDER Granting Plaintiff's Motion To Amend Complaint (ECF No. 11 ), Amended Complaint Due Within Thirty Days, signed by Magistrate Judge Dennis L. Beck on 3/28/2013. (Amended Complaint due by 5/1/2013)(Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DURRELL A. PUCKETT,
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Plaintiff,
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Case No. 1:12-cv-00948-DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION TO AMEND COMPLAINT
v.
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ECF No. 11
R. ZAMORA, et al.,
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Defendants.
AMENDED COMPLAINT DUE WITHIN
THIRTY DAYS
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Plaintiff Durrell A. Puckett (“Plaintiff”) is a California state prisoner proceeding pro se and
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in forma pauperis in this civil action filed pursuant to 42 U.S.C. § 1983. On March 13, 2013, the
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Court screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(a) and
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finds that it states a cognizable claim for relief under 42 U.S.C. § 1983 against Defendants Zamora,
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Rodriguez, Acevedo, and Brown for excessive force and against Defendants Casas, Contreras,
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Galindo, Rodriguez, Marmolejo, and Nave for failing to intervene to protect Plaintiff’s safety in
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violation of the Eighth Amendment. Plaintiff was provided documents with regards to service for
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completion and return. Pending before the Court is Plaintiff’s motion to add additional defendants
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or amend his complaint, filed March 27, 2013. ECF No. 11.
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Parties may amend their pleadings once as a matter of course. Fed. R. Civ. P. 15(a).
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However, under Local Rule 220, “every pleading to which an amendment or supplement is permitted
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as a matter of right or has been allowed by court order shall be retyped and filed so that it is
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complete in itself without reference to the prior or superseded pleading. No pleading shall be deemed
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amended or supplemented until this Rule has been complied with.” Plaintiff will thus be granted the
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opportunity to file an amended complaint that is complete in itself without reference to the prior
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complaint.
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Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what each
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named defendant did that led to the deprivation of Plaintiff’s constitutional or other federal rights.
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See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Although accepted as true, the “[f]actual
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allegations must be [sufficient] to raise a right to relief above the speculative level . . . .” Bell Atl.
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Corp. v. Twombly, 550 U.S. 544, 555 (2007).
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Finally, Plaintiff is advised that an amended complaint supersedes the original complaint,
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Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) overruled in part on other grounds,
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Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. Aug. 29, 2012) (en banc); King v. Atiyeh,
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814 F.2d 565, 567 (9th Cir. 1987).
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Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s motion, filed March 27,
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2013, is granted. Plaintiff is granted thirty (30) days from the date of service of this order by which
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to file his amended complaint.
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IT IS SO ORDERED.
Dated:
/s/ Dennis
March 28, 2013
L. Beck
UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:
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77e0d6
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