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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KRZYSZTOF WOLINSKI,

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Plaintiff,

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vs.
N. ACOSTA, et al.,

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Defendants.

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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

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I.

BACKGROUND

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Krzysztof Wolinski (“Plaintiff") is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on

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April 3, 2015. (Doc. 1.)

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On June 16, 2015, Plaintiff filed a motion to amend the Complaint. (Doc. 6.)
II.

LEAVE TO AMEND – RULE 15(a)

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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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Further, Plaintiff may not change the nature of this suit by adding new, unrelated claims

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in his amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no Abuckshot@

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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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III.

CONCLUSION

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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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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;

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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 1:15-cv-00519-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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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.

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IT IS SO ORDERED.
Dated:

June 16, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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