Krzysztof Wolinski v. Acosta et al

Filing 7

ORDER INFORMING Plaintiff he has LEAVE TO AMEND the Complaint Once as a Matter of Course; Thirty Day Deadline to File First Amended Complaint; ORDER for Clerk to Send Complaint Form to Plaintiff signed by Magistrate Judge Gary S. Austin on 6/16/2015. (Attachments: # 1 Amended Complaint Form)(Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KRZYSZTOF WOLINSKI, 12 Plaintiff, 13 14 vs. N. ACOSTA, et al., 15 Defendants. 16 1:15-cv-00519-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 19 I. BACKGROUND 20 Krzysztof Wolinski (“Plaintiff") is a state prisoner proceeding pro se in this civil rights 21 action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on 22 April 3, 2015. (Doc. 1.) 23 24 On June 16, 2015, Plaintiff filed a motion to amend the Complaint. (Doc. 6.) II. LEAVE TO AMEND – RULE 15(a) 25 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the 26 party=s pleading once as a matter of course at any time before a responsive pleading is served. 27 Otherwise, a party may amend only by leave of the court or by written consent of the adverse 28 party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Because 1 1 Plaintiff has not amended the complaint, and no responsive pleading has been served in this 2 action, Plaintiff has leave to file an amended complaint as a matter of course. 3 Plaintiff is informed he must demonstrate in his amended complaint how the conditions 4 complained of have resulted in a deprivation of Plaintiff=s constitutional rights. See Ellis v. 5 Cassidy, 625 F.2d 227 (9th Cir. 1980). The amended complaint must allege in specific terms 6 how each named defendant is involved. There can be no liability under 42 U.S.C. ' 1983 7 unless there is some affirmative link or connection between a defendant=s actions and the 8 claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976); May v. Enomoto, 633 F.2d 164, 9 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). 10 Further, Plaintiff may not change the nature of this suit by adding new, unrelated claims 11 in his amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no Abuckshot@ 12 complaints). 13 Finally, Plaintiff is advised that an amended complaint supercedes the original 14 complaint, Lacey v. Maricopa County, 693 F 3d. 896, 907 n.1 (9th Cir. 2012) (en banc), and it 15 must be complete in itself without reference to the prior or superceded pleading. Local Rule 16 220. Therefore, in an amended complaint, as in an original complaint, each claim and the 17 involvement of each defendant must be sufficiently alleged. The First Amended Complaint 18 should be clearly and boldly titled AFirst Amended Complaint,@ refer to the appropriate case 19 number, and be an original signed under penalty of perjury. 20 III. CONCLUSION 21 Accordingly, it is HEREBY ORDERED that: 22 1. 23 24 of course; 2. 25 26 27 Plaintiff is informed that he has leave to amend the complaint once as a matter This order resolves Plaintiff's motion to amend the complaint, filed on June 16, 2015; 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a First Amended Complaint using the court=s form; 28 2 1 4. The First Amended Complaint should be clearly and boldly titled AFirst 2 Amended Complaint,@ refer to case number 1:15-cv-00519-GSA-PC, and be an 3 original signed under penalty of perjury; 4 5. 5 6 The Clerk of the Court shall send one civil rights complaint form to Plaintiff; and 6. 7 Plaintiff is warned that the failure to comply with this order may result in the dismissal of this action for failure to obey a court order. 8 9 10 11 IT IS SO ORDERED. Dated: June 16, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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