Crudup v. Pleasant Valley State Prison et al

Filing 9

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 11/26/2017 ORDERING, within 30 days, plaintiff shall comply with the court's previous order entered on 10/6/2017 and file an amended complaint within 30 days; or plaintiff shall show good cause why he cannot comply with the order. Plaintiff is warned that failure to timely comply with this order may result in a recommendation that this action be dismissed.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CRUDUP,

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No. 2:16-cv-2748 MCE DB P

Plaintiff,
v.

ORDER TO SHOW CAUSE

PLEASANT VALLEY STATE PRISON,
et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights
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action under 42 U.S.C. § 1983. Plaintiff alleges that he was diagnosed with Valley Fever in 2005
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while at Pleasant Valley State Prison and that he has suffered from it over the intervening years.
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(ECF No. 1.) Plaintiff seeks monetary damages for his pain and suffering, as well as better
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medical care. (Id.)
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By its October 6, 2017 order, the court dismissed plaintiff’s complaint with leave to

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amend for failure to state a claim. (ECF No. 8.) Plaintiff was instructed to file an amended
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complaint within thirty days. Thirty days from that date have now expired, and plaintiff has not
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filed an amended complaint or otherwise responded to the court’s order.

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Plaintiff is warned that failure to file an amended complaint may result in a
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recommendation that his action be dismissed for lack of prosecution and failure to comply with
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the court’s orders. See Local Rule 110; Fed. R. Civ. P. 41(b). Within thirty days of the date of

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this order, plaintiff shall file an amended complaint or show cause in writing why this action

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should not be recommended for dismissal, due to plaintiff’s failure to file an amended complaint.

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

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

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

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complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967).

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Once plaintiff files an amended complaint, the original complaint no longer serves any function in

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the case. Therefore, in an amended complaint, as in an original complaint, each claim and the

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involvement of each defendant must be sufficiently alleged.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall comply with the court’s previous order entered on October 6, 2017 and

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file an amended complaint; or

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2. Plaintiff shall show good cause why he cannot comply with the order.

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3. Plaintiff is warned that failure to timely comply with this order may result in a

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recommendation that this action be dismissed.
Dated: November 26, 2017

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DB:12
DB/Orders/Prisoner.Civil.Rights/crud.2748.fta.osc

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