Anaya v. Vugt, et al.

Filing 29

ORDER Granting Plaintiff's 28 Motion for Leave to File Third Amended Complaint signed by Magistrate Judge Sheila K. Oberto on 08/28/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER ANAYA,

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No. 1:16-cv-01094-SKO (PC)
Plaintiff,

v.
VAN VUGT, et al.,
Defendants.

ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE A
THIRD AMENDED COMPLAINT
(Doc. 28)
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff, Peter Anaya, is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. ' 1983. On August 24, 2017, Plaintiff filed a motion

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seeking leave to file an amended complaint, indicating he has determined the name of an

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individual identified as a Doe defendant in the Second Amended Complaint. This equates to

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good cause to allow amendment.

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Plaintiff is informed that he must file a new pleading to make the amendment he seeks, as

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an amended complaint supercedes the original complaint, Lacey v. Maricopa County, Nos. 09-

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15806, 09-15703, 2012 WL 3711591, at *1 n.1 (9th Cir. Aug. 29, 2012) (en banc), and the

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amended complaint must be “complete in itself without reference to the prior or superceded

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pleading,” Local Rule 220. Plaintiff may not change the nature of this suit by adding new,

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unrelated claims or parties in a third amended complaint. George v. Smith, 507 F.3d 605, 607

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(7th Cir. 2007) (no “buckshot” complaints).

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Accordingly, Plaintiff=s motion is to file an amended complaint, filed on August 24, 2017,

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(Doc. 28), is HEREBY GRANTED and his third amended complaint is due within twenty-one

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(21) days of the date of service of this order.

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IT IS SO ORDERED.
Dated:

August 28, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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