Davis v. Reames, et al
ORDER signed by Magistrate Judge Craig M. Kellison on 6/27/2017 DENYING as unnecessary plaintiff's 17 , 18 request to file an amended complaint; and plaintiff shall file a single second amended complaint within 30 days. (Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
D. REAMES, et al.,
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the court are the following: (1) plaintiff’s document entitled
“Motion: To File First Amendment Complaint with Demands for Jury Trial” (Doc. 17);
(2) plaintiff’s document entitled “Motion: To File 1st Amendment Complaint” (Doc. 18); and
(3) plaintiff’s document entitled “Amended Complaint” (Doc. 19).
To the extent plaintiff seeks leave of court to file an amended complaint,
plaintiff’s motions will be denied as unnecessary. On February 10, 2016, the court dismissed
plaintiff’s first amended complaint with leave to amend and directed plaintiff to file a second
amended complaint within 30 days. On June 6, 2017, the court extended the deadline to file a
second amended complaint an additional 30 days. Because plaintiff has already been directed to
file an amended complaint, further leave of court is not necessary.
Two of plaintiff’s filings appear to be plaintiff’s response to the court’s February
10, 2016, order to file a second amended complaint. Specifically, Doc. 18 consists of a district
court form prisoner civil rights complaint and a number of attached documents. The document
also appears to outline various claims against the defendants named in this action. Doc. 19 is a
hand-written document outlining additional allegations against the three named defendants.
Because an amended complaint must be complete in itself without reference to a prior complaint
or other pleadings, see Local Rule 220, the court will direct plaintiff to file a single second
amended complaint incorporating all of his allegations against defendants Reames, Macias, and
Cox. Plaintiff is again cautioned that failure to comply with this order may result in dismissal of
the action. See Local Rule 110.
Accordingly, IT IS HEREBY ORDERED that:
18) is denied as unnecessary; and
Plaintiff’s request for leave to file an amended complaint (Docs. 17 and
Plaintiff shall file a single second amended complaint within 30 days of
the date of this order.
DATED: June 27, 2017
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?