Womack v. Perry

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/11/2016 DISMISSING plaintiff's 13 amended complaint; DENYING plaintiff's 14 motion to amend ; DISMISSING plaintiff's 15 supplemental complaint; plaintiff is GRANTED 30 days to file a second amended complaint; and the Clerk shall send plaintiff a form for filing a civil rights action.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY JEROME WOMACK,

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No. 2:15-cv-1858 JAM CKD P (TEMP)

Plaintiff,
v.

ORDER

WARDEN PERRY,
Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed
pursuant to 42 U.S.C. § 1983.

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On November 10, 2015, the court dismissed plaintiff’s complaint and granted him thirty

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days leave to file an amended complaint. (Doc. No. 9) On December 4, 2015, plaintiff filed an

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amended complaint. (Doc. No. 13) However, on January 11, 2016, plaintiff filed a motion to

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amend his complaint to name an additional defendant to this action. (Doc. No. 14) Then, on

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January 20, 2016, plaintiff filed a supplemental complaint to include a request for monetary

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damages as part of his prayer for relief. (Doc. No. 15)

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This court will not allow plaintiff to proceed in this action with the piecemeal filing of

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amended complaints and supplemental complaints. See Local Rule 220. Under the

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circumstances of this case, the court will dismiss plaintiff’s amended complaint, deny his motion

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to amend, and dismiss his supplemental complaint. The court will grant plaintiff thirty days leave
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to file a second amended complaint that is complete in and of itself without reference to any prior

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pleading. In his second amended complaint, plaintiff should identify all of the defendants he

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wishes to proceed against by name. In the section of the form complaint where the plaintiff is

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required to set forth a brief statement of his claim, he should describe how each named defendant

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has deprived him of his federal constitutional or statutory rights. Finally, plaintiff should specify

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what his prayer for relief is and state exactly what he wants the court to do for him in the section

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of the complaint form designated for that purpose. Plaintiff’s failure to comply with this order or

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request an extension of time to do so will result in a recommendation for dismissal of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s amended complaint (Doc. No. 13) is dismissed;

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2. Plaintiff’s motion to amend (Doc. No. 14) is denied;

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3. Plaintiff’s supplemental complaint (Doc. No. 15) is dismissed;

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4. Plaintiff is granted thirty days from the date of service of this order to file a second

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

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of Civil Procedure, and the Local Rules of Practice; the second amended complaint must bear the

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docket number assigned to this case and must be labeled “Second Amended Complaint”; failure

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to file a second amended complaint in accordance with this order will result in a recommendation

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for dismissal of this action without prejudice; and

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5. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil

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rights action.

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Dated: March 11, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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ec
woma1858.14am

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