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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OBIE CRISP,

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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

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Obie Crisp (“Plaintiff") is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. Plaintiff filed this action on May 30, 2013. Now pending is

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Plaintiff=s motion to amend the complaint, filed on July 10, 2013. (Doc. 6.)

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the

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party=s pleading once as a matter of course at any time before a responsive pleading is served.

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Otherwise, a party may amend only by leave of the court or by written consent of the adverse

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party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Because

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Plaintiff has not amended the complaint, and no responsive pleading has been served in this

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action, Plaintiff has leave to file an amended complaint as a matter of course.

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Plaintiff is informed he must demonstrate in his amended complaint how the conditions

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complained of have resulted in a deprivation of Plaintiff=s constitutional rights. See Ellis v.
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Cassidy, 625 F.2d 227 (9th Cir. 1980). The amended complaint must allege in specific terms

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how each named defendant is involved. There can be no liability under 42 U.S.C. ' 1983

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unless there is some affirmative link or connection between a defendant=s actions and the

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claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976); May v. Enomoto, 633 F.2d 164,

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167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).

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Plaintiff should note that although he has the opportunity to amend, it is not for the

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purpose of adding new defendants relating to issues arising after May 30, 2013. In addition,

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Plaintiff should take care to include only those claims that have been exhausted prior to the

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initiation of this suit on May 30, 2013. Further, Plaintiff may not change the nature of this suit

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by adding new, unrelated claims in his amended complaint. George v. Smith, 507 F.3d 605,

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607 (7th Cir. 2007) (no Abuckshot@ complaints).

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Finally, Plaintiff is advised that an amended complaint supercedes the original

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complaint, Lacey v. Maricopa County, 693 F 3d. 896, 907 n.1 (9th Cir. 2012) (en banc), and it

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must be complete in itself without reference to the prior or superceded pleading. Local Rule

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220. Therefore, in an amended complaint, as in an original complaint, each claim and the

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involvement of each defendant must be sufficiently alleged. The First Amended Complaint

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should be clearly and boldly titled AFirst Amended Complaint,@ refer to the appropriate case

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

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Accordingly, it is HEREBY ORDERED that:

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1.

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of course;
2.

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This order resolves Plaintiff's motion to amend the complaint, filed on July 10,
2013;

3.

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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;

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The First Amended Complaint should be clearly and boldly titled AFirst

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Amended Complaint,@ refer to case number 1:13-cv-00816-GSA-PC, and be an

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original signed under penalty of perjury;
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5.

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The Clerk of the Court shall send one civil rights complaint form to Plaintiff;
and

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6.

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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.

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IT IS SO ORDERED.
Dated:

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July 11, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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