Lacey v. Taylor

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/27/2017 DISMISSING plaintiff's amended complaint; and plaintiff has 30 days to file a second amended complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE STERLING LACY,

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No. 2:16-cv-1859 CKD P

Plaintiff,
v.

ORDER

T. TAYLOR, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel. On October 20, 2016, the court

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screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A(a) and dismissed with leave to

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amend. Plaintiff has now filed an amended complaint, but the complaint still fails to state a claim

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upon which relief can be granted. Good cause appearing, plaintiff will be given one final

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opportunity to state a claim upon which relief can be granted in a second amended complaint.

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As to the contents of the second amended complaint, plaintiff should refer back to the court’s

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October 20, 2016 order for details regarding what information is required to state a claim.

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Plaintiff is reminded that the court cannot refer to a prior pleading in order to make plaintiff’s

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second amended complaint complete. Local Rule 220 requires that an amended complaint be

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complete in itself without reference to any prior pleading. This is because, as a general rule, an

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amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th

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Cir. 1967). Once plaintiff files a second amended complaint, the original pleading no longer
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serves any function in the case. Therefore, in a second amended complaint, as in an original

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complaint, each claim and the involvement of each defendant must be sufficiently alleged.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s amended complaint is dismissed; and

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2. 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 this case and must be labeled “Second Amended Complaint;” failure to

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

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that this action be dismissed.

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Dated: March 27, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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lacy1859.14(2)

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