Hill v. CDCR, et al.

Filing 8

ORDER DENYING Plaintiff's 6 Request to Add Supplemental Information to the Complaint; ORDER INFORMING Plaintiff he is Permitted to File Amended Complaint as a Matter of Course; ORDER for Clerk to Send Complaint Form to Plaintiff; Thirty Day Deadline to File First Amended Complaint signed by Magistrate Judge Gary S. Austin on 1/10/2014. (Attachments: # 1 Amended Complaint Form)(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY LEE HILL,

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Plaintiff,

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vs.

1:14-cv-00002-GSA-PC
ORDER DENYING PLAINTIFF'S
REQUEST TO ADD SUPPLEMENTAL
INFORMATION TO THE COMPLAINT
(Doc. 6.)

CDCR, et al.,

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Defendants.

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ORDER INFORMING PLAINTIFF HE
IS PERMITTED TO FILE AMENDED
COMPLAINT AS A MATTER OF
COURSE
ORDER FOR CLERK TO SEND
COMPLAINT FORM TO PLAINTIFF

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THIRTY DAY DEADLINE TO FILE
FIRST AMENDED COMPLAINT

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I.

Tony Lee Hill ("Plaintiff") is a state prisoner proceeding pro se with this civil rights

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BACKGROUND

action pursuant to 42 U.S.C. ' 1983. On January 2, 2014, Plaintiff filed the Complaint
commencing this action. (Doc. 1.) On January 8, 2014, Plaintiff filed a motion to supplement
the Complaint by adding new allegations. (Doc. 6.)
II.

LOCAL RULE 220 AND FEDERAL RULE OF CIVIL PROCEDURE 15(a) AMENDING THE COMPLAINT

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Local Rule 220 provides, in part:

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Unless prior approval to the contrary is obtained from the Court, every
pleading to which an amendment or supplement is permitted 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complete in itself without reference to the prior or superseded pleading.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 amended or supplemented until this Rule has been
complied with. All changed pleadings shall contain copies of all exhibits
referred to in the changed pleading.

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Plaintiff requests leave to amend the Complaint by submitting supplemental points and

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authorities to be added to the Complaint. Plaintiff may not amend the Complaint in this

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manner. Under Rule 220, Plaintiff may not amend the Complaint by adding information

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piecemeal after the Complaint has been filed. To add information or correct an error in the

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Complaint, Plaintiff must file a new First Amended Complaint which is complete within itself.

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As a general rule, an amended complaint supersedes the original complaint. See Loux v.

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Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original

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complaint no longer serves any function in the case. Therefore, in an amended complaint, as in

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an original complaint, each claim and the involvement of each defendant must be sufficiently

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alleged.

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

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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). Here,

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because Plaintiff has not previously amended the complaint and no responsive pleading has

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been served in this action, Plaintiff has leave to file an amended complaint as a matter of

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course. Plaintiff shall be required to file an amended complaint within thirty days, making the

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needed changes.

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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 complaint must allege in specific terms how each

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

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some affirmative link or connection between a defendant=s actions and the claimed deprivation.

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Rizzo v. Goode, 423 U.S. 36 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980);

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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 allegations of events occurring after January 2, 2014. Also, Plaintiff should

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take care to include only those claims that have been exhausted prior to the initiation of this suit

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on January 2, 2014. Further, Plaintiff may not change the nature of this suit by adding new,

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unrelated claims in his amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir.

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2007) (no “buckshot” complaints).

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Finally, as discussed above, Plaintiff is advised that Local Rule 15-220 requires that an

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amended complaint be complete in itself without reference to any prior pleading. As a general

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rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d

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55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original complaint no longer

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serves any function in the case.

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complaint, each claim and the involvement of each defendant must be sufficiently alleged. The

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First Amended Complaint should be clearly and boldly titled AFIRST AMENDED

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COMPLAINT,@ refer to the appropriate case number, and be an original signed under penalty

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of perjury.

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III.

Therefore, in an amended complaint, as in an original

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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DENIED;
2.

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Plaintiff is informed that he has leave to amend the Complaint once as a matter
of course;

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Plaintiff's request to amend the Complaint by adding information piecemeal is

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 1:14-cv-00002-GSA-PC, and be an

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original signed under penalty of perjury;

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5.

The Clerk of the Court shall send one civil rights complaint form to Plaintiff;
and
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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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January 10, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

6i0kij8d

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