Davis v. Reames, et al

Filing 21

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAWN DAVIS,

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No. 2:15-CV-2027-JAM-CMK-P

Plaintiff,
vs.

ORDER

D. REAMES, et al.,
Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court are the following: (1) plaintiff’s document entitled

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“Motion: To File First Amendment Complaint with Demands for Jury Trial” (Doc. 17);

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(2) plaintiff’s document entitled “Motion: To File 1st Amendment Complaint” (Doc. 18); and

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(3) plaintiff’s document entitled “Amended Complaint” (Doc. 19).

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To the extent plaintiff seeks leave of court to file an amended complaint,

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plaintiff’s motions will be denied as unnecessary. On February 10, 2016, the court dismissed

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plaintiff’s first amended complaint with leave to amend and directed plaintiff to file a second

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amended complaint within 30 days. On June 6, 2017, the court extended the deadline to file a

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second amended complaint an additional 30 days. Because plaintiff has already been directed to
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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

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10, 2016, order to file a second amended complaint. Specifically, Doc. 18 consists of a district

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court form prisoner civil rights complaint and a number of attached documents. The document

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also appears to outline various claims against the defendants named in this action. Doc. 19 is a

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hand-written document outlining additional allegations against the three named defendants.

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Because an amended complaint must be complete in itself without reference to a prior complaint

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or other pleadings, see Local Rule 220, the court will direct plaintiff to file a single second

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amended complaint incorporating all of his allegations against defendants Reames, Macias, and

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Cox. Plaintiff is again cautioned that failure to comply with this order may result in dismissal of

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the action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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18) is denied as unnecessary; and

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2.

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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.

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DATED: June 27, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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