Crisp v. Wasco State Prison et al

Filing 7

ORDER INFORMING Plaintiff He Has Leave to Amend the Complaint Once as a Matter of Course (Motion 6 Resolved); ORDER for Clerk to Send Complaint Form to Plaintiff, signed by Magistrate Judge Gary S. Austin on 7/1/2013. Thirty Day Deadline to File First Amended Complaint. (Attachments: # 1 1983 Amended Complaint Form)(Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 OBIE CRISP, 11 12 13 14 15 16 Plaintiff, vs. WASCO STATE PRISON, et al., Defendants. 1:13-cv-00816-GSA-PC ORDER INFORMING PLAINTIFF HE HAS LEAVE TO AMEND THE COMPLAINT ONCE AS A MATTER OF COURSE (Doc. 6 resolved) THIRTY DAY DEADLINE TO FILE FIRST AMENDED COMPLAINT ORDER FOR CLERK TO SEND COMPLAINT FORM TO PLAINTIFF 17 18 Obie Crisp (“Plaintiff") is a state prisoner proceeding pro se in this civil rights action 19 pursuant to 42 U.S.C. ' 1983. Plaintiff filed this action on May 30, 2013. Now pending is 20 Plaintiff=s motion to amend the complaint, filed on July 10, 2013. (Doc. 6.) 21 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the 22 party=s pleading once as a matter of course at any time before a responsive pleading is served. 23 Otherwise, a party may amend only by leave of the court or by written consent of the adverse 24 party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Because 25 Plaintiff has not amended the complaint, and no responsive pleading has been served in this 26 action, Plaintiff has leave to file an amended complaint as a matter of course. 27 Plaintiff is informed he must demonstrate in his amended complaint how the conditions 28 complained of have resulted in a deprivation of Plaintiff=s constitutional rights. See Ellis v. 1 1 Cassidy, 625 F.2d 227 (9th Cir. 1980). The amended complaint must allege in specific terms 2 how each named defendant is involved. There can be no liability under 42 U.S.C. ' 1983 3 unless there is some affirmative link or connection between a defendant=s actions and the 4 claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976); May v. Enomoto, 633 F.2d 164, 5 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). 6 Plaintiff should note that although he has the opportunity to amend, it is not for the 7 purpose of adding new defendants relating to issues arising after May 30, 2013. In addition, 8 Plaintiff should take care to include only those claims that have been exhausted prior to the 9 initiation of this suit on May 30, 2013. Further, Plaintiff may not change the nature of this suit 10 by adding new, unrelated claims in his amended complaint. George v. Smith, 507 F.3d 605, 11 607 (7th Cir. 2007) (no Abuckshot@ complaints). 12 Finally, Plaintiff is advised that an amended complaint supercedes the original 13 complaint, Lacey v. Maricopa County, 693 F 3d. 896, 907 n.1 (9th Cir. 2012) (en banc), and it 14 must be complete in itself without reference to the prior or superceded pleading. Local Rule 15 220. Therefore, in an amended complaint, as in an original complaint, each claim and the 16 involvement of each defendant must be sufficiently alleged. The First Amended Complaint 17 should be clearly and boldly titled AFirst Amended Complaint,@ refer to the appropriate case 18 number, and be an original signed under penalty of perjury. 19 Accordingly, it is HEREBY ORDERED that: 20 1. 21 22 of course; 2. 23 24 This order resolves Plaintiff's motion to amend the complaint, filed on July 10, 2013; 3. 25 26 Plaintiff is informed that he has leave to amend the complaint once as a matter Within thirty (30) days from the date of service of this order, Plaintiff shall file a First Amended Complaint using the court=s form; 4. The First Amended Complaint should be clearly and boldly titled AFirst 27 Amended Complaint,@ refer to case number 1:13-cv-00816-GSA-PC, and be an 28 original signed under penalty of perjury; 2 1 5. 2 The Clerk of the Court shall send one civil rights complaint form to Plaintiff; and 3 6. 4 Plaintiff is warned that the failure to comply with this order will result in the dismissal of this action for failure to obey a court order. 5 6 7 8 IT IS SO ORDERED. Dated: 9 10 11 July 11, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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