Davis v. Zamora et al

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 05/19/15 ordering that within 21 days, plaintiff shall file a complete first amended complaint that contains the 4 page statement of claim referred to the 05/11/15 filing. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHELDON DAVIS,

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No. 2:15-cv-0010 KJN P

Plaintiff,
v.

ORDER

J.A. ZAMORA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff’s complaint was dismissed with leave to amend, and on April 8, 2015,

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plaintiff was granted an extension of time in which to file his amended complaint. On May 11,

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2015, plaintiff filed an amended complaint in which he clarified that he does not seek to challenge

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the prison disciplinary or raise due process claims stemming from the administrative appeals

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process. Plaintiff’s amended complaint states that he attached four pages containing 31

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paragraphs; however, no such attachment was provided. Thus, the proposed amended complaint

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does not include specific charging allegations as to each defendant. Although plaintiff’s original

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complaint contains a four page statement of claims containing 31 paragraphs, it is unclear

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whether plaintiff intended to include the same four page statement of claims contained in the

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original complaint, or whether he had modified any of the factual allegations. In any event, as

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plaintiff was informed in the court’s screening order, any amended complaint must be complete in
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itself. (ECF No. 5 at 6.) Thus, the four pages must be part of the first amended complaint as the

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court cannot refer to the prior pleading to make the amended complaint complete. Because it

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appears the omission was inadvertent, plaintiff is granted an extension of time in which to submit

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a complete, original first amended complaint.

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days, plaintiff shall file

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a complete first amended complaint that contains the four page statement of claim referred to in

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the May 11, 2015 filing.

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Dated: May 19, 2015

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/davi0010.eot

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