Ricks v. Kamena et al

Filing 25

ORDER GRANTING 24 Plaintiff's Motion to Amend Pleading and Directing Plaintiff to File a First Amended Complaint Within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 4/18/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT K. RICKS,

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Plaintiff,
v.

Case No. 1:15-cv-00715-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION
TO AMEND PLEADING AND DIRECTING
PLAINTIFF TO FILE A FIRST AMENDED
COMPLAINT

C. KAMENA, et al.,
(ECF No. 24)
Defendants.
THIRTY (30) DAY DEADLINE
Plaintiff Scott K. Ricks (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claims under the Eighth Amendment against Defendant Kamena for the failure to

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protect him from his cellmate’s attack as he was attacked on January 13, 2014, and for deliberate

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indifference to his serious medical need from the attack. (ECF No. 18.)

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On February 24, 2017, Plaintiff filed the instant motion to amend the complaint only as

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follows: “I would like compensatory damages in the amount of $500,000.00, against each

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defendant, jointly and severally,” and, “I would like punitive damages in the amount of

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$500,000.00, against each defendant.” (ECF No. 24, p. 2.) Defendant Kamena has not filed an

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opposition or statement of non-opposition, and the time to file a response has passed. Local Rule

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230(l). Furthermore, pursuant to the Court’s Discovery and Scheduling Order, Plaintiff is within

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the time to file an amended pleading. (ECF No. 23, p. 1.)

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Accordingly, Plaintiff’s request for leave to file an amended complaint, limited to the
revision of his damages claim, is GRANTED. Fed. R. Civ. P. 15(a)(2). Plaintiff may only revise
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his damages claim, and may not amend his complaint to add new claims, allegations, or

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defendants. Plaintiff is also advised of the general rule that an amended complaint supersedes the

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original complaint. Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012) (en banc).

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Therefore, Plaintiff’s amended complaint must be “complete in itself without reference to the

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prior or superseded pleading.” Local Rule 220.

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Plaintiff’s first amended complaint shall be filed within thirty (30) days following service

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of this order. Defendant is directed to file a responsive pleading within fourteen (14) days after

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service of the amended complaint. Fed. R. Civ. P. 15(a)(3).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 18, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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