Johnson v. California Medical Facility, et al.

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/15 ORDERING that the August 3, 2015 discovery and scheduling order (ECF No. 29 ) is hereby VACATED. Plaintiff is granted 30 days in which to file a fourth amended complaint that names Luisa Plasencia as the sole defendant, and that includes all material allegations necessary to state a claim against defendant Plasencia. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACKIE M. JOHNSON,

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No. 2:14-cv-0580 WBS KJN P

Plaintiff,
v.

ORDER

CALIFORNIA MEDICAL FACILITY
HEALTH SERVICES, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. On September 18, 2015, the assigned district judge

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ordered that this action would proceed on plaintiff’s third amended complaint. (ECF No. 34.)

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The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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For reasons that are unclear to the court, the statement of claim in plaintiff’s third

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amended complaint consists of a single paragraph, and omits nearly all of the material allegations

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against sole defendant Luisa Plasencia that were included in plaintiff’s second amended
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complaint.
Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair

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notice and state the elements of the claim plainly and succinctly. Jones v. Cmty. Redev. Agency,

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733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege with at least some degree of particularity

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overt acts which defendants engaged in that support plaintiff’s claim. Id. Because plaintiff has

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failed to comply with the requirements of Fed. R. Civ. P. 8(a)(2), the third amended complaint

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must be dismissed. The court will, however, grant leave to file a fourth amended complaint.

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If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions
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). Also, the complaint must allege in specific terms how

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each named defendant is involved. There can be no liability under 42 U.S.C. § 1983 unless there

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is some affirmative link or connection between a defendant’s actions and the claimed deprivation.

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Rizzo v. Goode, 423 U.S. 362 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980);

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Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Furthermore, vague and conclusory

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allegations of official participation in civil rights violations are not sufficient. Ivey v. Bd. of

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Regents, 673 F.2d 266, 268 (9th Cir. 1982).

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Plaintiff is informed that the court cannot refer to a prior pleading in order to make

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plaintiff’s fourth amended complaint complete. Local Rule 220 requires that an amended

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complaint be complete in itself without reference to any prior pleading. This requirement is

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because, as a general rule, an amended complaint supersedes the prior complaints. See Loux v.

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Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the prior

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complaints no longer serve any function in the case. Therefore, in an amended complaint, as in

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an original complaint, each claim and the involvement of each defendant must be sufficiently

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alleged.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The August 3, 2015 discovery and scheduling order (ECF No. 29) is hereby vacated.

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2. Plaintiff is granted thirty days in which to file a fourth amended complaint that names

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Luisa Plasencia as the sole defendant, and that includes all material allegations necessary to state
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a claim against defendant Plasencia.

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Dated: November 2, 2015

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/john0580.dso.vacate+14

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