Huff v. Sherman et al

Filing 14

ORDER Addressing Plaintiff's Submission of Exhibits 8 ; ORDER Informing Plaintiff He is Permitted to File an Amended Complaint as a Matter of Course; ORDER for Clerk to Send Complaint Form to Plaintiff, signed by Magistrate Judge Gary S. Austin on 8/20/17: 30-Day Deadline to File First Amended Complaint. (Attachments: # 1 Amended Complaint - blank form)(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERICK HUFF, 12 Plaintiff, 13 14 1:16-cv-01117-GSA-PC ORDER ADDRESSING PLAINTIFF'S SUBMISSION OF EXHIBITS (ECF No. 8.) vs. WARDEN SHERMAN, et al., 15 Defendants. 16 ORDER INFORMING PLAINTIFF HE IS PERMITTED TO FILE AN AMENDED COMPLAINT AS A MATTER OF COURSE ORDER FOR CLERK TO SEND COMPLAINT FORM TO PLAINTIFF 17 18 THIRTY DAY DEADLINE TO FILE FIRST AMENDED COMPLAINT 19 20 21 22 23 24 I. BACKGROUND 25 Erick Huff (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with 26 this civil rights action pursuant to 42 U.S.C. § 1983. On August 2, 2016, Plaintiff filed the 27 Complaint commencing this action. (ECF No. 1.) Plaintiff has consented to the jurisdiction of 28 a Magistrate Judge under 28 U.S.C. § 636(c). (ECF No. 7.) 1 1 2 On August 15, 2016, Plaintiff filed exhibits to the Complaint. (ECF No. 8.) Pursuant to Local Rule 220, Plaintiff may not add exhibits to the Complaint in this manner. 3 4 II. LOCAL RULE 220 AND FEDERAL RULE OF CIVIL PROCEDURE 15(a) AMENDING THE COMPLAINT 5 Local Rule 220 provides, in part: 6 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allowed by court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded pleading.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. 7 8 9 10 Under Rule 220, Plaintiff may not amend the Complaint by adding information 11 piecemeal after the Complaint has been filed. To add information or correct an error in the 12 Complaint, Plaintiff must file a new First Amended Complaint which is complete within itself. 13 Under Rule 15(a) of the Federal Rule of Civil Procedure, a party may amend the party’s 14 pleading once as a matter of course at any time before a responsive pleading is served. 15 Otherwise, a party may amend only by leave of the Court or by written consent of the adverse 16 party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Here, 17 because Plaintiff has not previously amended the Complaint and no responsive pleading has 18 been served in this action, Plaintiff has leave to file an amended complaint as a matter of 19 course. Plaintiff shall be granted thirty days in which to file an amended complaint, making the 20 needed changes. 21 Plaintiff is informed he must demonstrate in his amended complaint how the conditions 22 complained of have resulted in a deprivation of Plaintiff=s constitutional rights. See Ellis v. 23 Cassidy, 625 F.2d 227 (9th Cir. 1980). The amended complaint must allege in specific terms 24 how each named defendant is involved. There can be no liability under 42 U.S.C. § 1983 25 unless there is some affirmative link or connection between a defendant’s actions and the 26 claimed deprivation. Rizzo v. Goode, 423 U.S. 36 (1976); May v. Enomoto, 633 F.2d 164, 167 27 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). 28 /// 2 1 As a general rule, an amended complaint supersedes the original complaint. See Loux 2 v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original 3 complaint no longer serves any function in the case. Therefore, in an amended complaint, as in 4 an original complaint, each claim and the involvement of each defendant must be sufficiently 5 alleged. 6 Plaintiff should note that although he has the opportunity to amend, it is not for the 7 purpose of adding allegations of events occurring after August 2, 2016. Plaintiff may not 8 change the nature of this suit by adding new, unrelated claims in his amended complaint. 9 George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no “buckshot” complaints). In addition, 10 Plaintiff should take care to include only those claims that were exhausted prior to the initiation 11 of this suit on August 2, 2016. 12 Finally, Plaintiff is advised that Local Rule 220 requires that an amended complaint be 13 complete in itself without reference to any prior pleading. The First Amended Complaint 14 should be clearly and boldly titled “FIRST AMENDED COMPLAINT,” refer to the 15 appropriate case number, and be an original signed under penalty of perjury. 16 III. CONCLUSION 17 Accordingly, IT IS HEREBY ORDERED that: 18 1. 19 Plaintiff is advised that he may not add exhibits to the Complaint by submitting exhibits to the Court after the Complaint is filed; 20 2. 21 Plaintiff is informed that he has leave to amend the Complaint once as a matter of course; 22 3. Plaintiff is granted thirty (30) days from the date of service of this order, in 23 which to file a First Amended Complaint as instructed by this order, using the 24 Court’s form; 25 4. The First Amended Complaint should be clearly and boldly titled “First 26 Amended Complaint,” refer to case number 1:16-cv-01117-GSA-PC, and be an 27 original signed under penalty of perjury; 28 /// 3 1 5. 2 3 The Clerk of Court shall send one § 1983 civil rights complaint form to Plaintiff; and 6. 4 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. 5 6 7 8 IT IS SO ORDERED. Dated: August 20, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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