Dixon v. Kroenlein

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 05/19/16 ordering within 30 days from the date of service of this order, plaintiff may file an amended complaint. The clerk of the court is directed to send plaintiff a copy of the prisoner complaint form used in this district. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRUCE M. DIXON,

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No. 2:15-cv-1039 AC P

Plaintiff,
v.

ORDER

M. KROENLEIN, et al.,
Defendants.

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By order filed April 28, 2016, the court screened the complaint and plaintiff was given the

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option to proceed on the original complaint as screened or to amend the complaint. ECF No. 6.

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Plaintiff was ordered to notify the court as to how he wished to proceed. Id. at 9. Plaintiff has

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now submitted a notice advising the court that he would like to amend the complaint. ECF No.

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10. The Clerk of the Court will be directed to send plaintiff a copy of the prisoner complaint

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form used in this district and plaintiff shall have thirty days to file an amended complaint.

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Plaintiff is reminded that the amended complaint must include all of the claims he wants

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to make, including the ones that have already been found to state a claim, because the court will

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not look at the claims or information in the original complaint. In other words, any claims not in

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the first amended complaint will not be considered. Plaintiff should also refer to the instructions

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in the April 28, 2016 screening order when drafting his amended complaint and is reminded that

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if he wants to state claims against defendants Montoya and Diciro, he will need to show that that
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these defendants (1) were involved in the violation of his rights; (2) knew that the people they

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were supervising were violating plaintiff’s rights and failed to stop them; or (3) created or ignored

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a policy that led to the violation of plaintiff’s rights. Simply stating that they were supervisors is

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not sufficient.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of service of this order, plaintiff may file an amended

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complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice. The amended complaint must bear the docket

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number assigned this case and must be labeled “First Amended Complaint.” Plaintiff must file an

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original and two copies of the amended complaint. Failure to file an amended complaint in

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accordance with this order will result in dismissal of this action.

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2. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint

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form used in this district.

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DATED: May 19, 2016

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