Jennison v. Rackley

Filing 22

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/21/2014 DISMISSING plaintiff's 20 first amended complaint and plaintiff's 21 second amended complaint; no later than 30 days plaintiff shall file a third amended complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JENNISON,

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No. 2:14-cv-1564 CKD

Plaintiff,
v.

ORDER

RONALD RACKLEY,
Defendant.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief

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pursuant to 42 U.S.C. § 1983. On September 26, 2014, plaintiff’s complaint was dismissed with

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thirty days’ leave to amend. (ECF No. 17.)

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On October 14, 2014, plaintiff filed a document labeled “Amended Complaint”; however,

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it is effectively a letter to the court and does not name any defendants or causes of action. (ECF

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No. 20.) On November 12, 2014, plaintiff filed a second document labeled “Amended

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Complaint,” also in the form of a letter. (ECF No. 21.)

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A prisoner pursuing civil rights claims without counsel, like all other litigants, is required

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to obey the court’s orders, including an order to amend his pleading. Ferdik v. Bonzelet, 963

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F.2d 1258, 1260–61 (9th Cir. 1992). Moreover, a pro se plaintiff must satisfy the pleading

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requirements of Rule 8(a) of the Federal Rules of Civil Procedure. Rule 8(a)(2) “requires a

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complaint to include a short and plain statement of the claim showing that the pleader is entitled
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to relief, in order to give the defendant fair notice of what the claim is and the grounds upon

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which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 554, 562–563 (2007) (citing Conley

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v. Gibson, 355 U.S. 41 (1957)).

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Plaintiff’s failure to file an amended pleading that comports with this court’s orders and

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the Federal Rules may justify dismissal, including dismissal with prejudice. See Ferdik, 963 F.2d

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at 1262–63 (affirming dismissal with prejudice for pro se prisoner’s failure to comply with order

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requiring filing of amended civil rights complaint). Plaintiff will be given one final opportunity

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to file a proper amended pleading or face dismissal of this action.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s First Amended Complaint (ECF No. 20) is dismissed;

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2. Plaintiff’s Second Amended Complaint (ECF No. 21) is dismissed; and

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3. No later than thirty days from the date of this order, plaintiff shall file a Third

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Amended Complaint. Failure to do so will result in dismissal of this action with prejudice.

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Dated: November 21, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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