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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL CRUDUP, 12 13 14 15 16 No. 2:16-cv-2748 MCE DB P Plaintiff, v. ORDER TO SHOW CAUSE PLEASANT VALLEY STATE PRISON, et al., Defendants. 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. Plaintiff alleges that he was diagnosed with Valley Fever in 2005 19 while at Pleasant Valley State Prison and that he has suffered from it over the intervening years. 20 (ECF No. 1.) Plaintiff seeks monetary damages for his pain and suffering, as well as better 21 medical care. (Id.) 22 By its October 6, 2017 order, the court dismissed plaintiff’s complaint with leave to 23 amend for failure to state a claim. (ECF No. 8.) Plaintiff was instructed to file an amended 24 complaint within thirty days. Thirty days from that date have now expired, and plaintiff has not 25 filed an amended complaint or otherwise responded to the court’s order. 26 Plaintiff is warned that failure to file an amended complaint may result in a 27 recommendation that his action be dismissed for lack of prosecution and failure to comply with 28 1 1 the court’s orders. See Local Rule 110; Fed. R. Civ. P. 41(b). Within thirty days of the date of 2 this order, plaintiff shall file an amended complaint or show cause in writing why this action 3 should not be recommended for dismissal, due to plaintiff’s failure to file an amended complaint. 4 Plaintiff is reminded that the court cannot refer to a prior pleading in order to make the 5 amended complaint complete. Local Rule 220 requires that an amended complaint be complete 6 in itself without reference to any prior pleading. This is because, as a general rule, an amended 7 complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). 8 Once plaintiff files an amended complaint, the original complaint no longer serves any function in 9 the case. Therefore, in an amended complaint, as in an original complaint, each claim and the 10 involvement of each defendant must be sufficiently alleged. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. Plaintiff shall comply with the court’s previous order entered on October 6, 2017 and 13 file an amended complaint; or 14 2. Plaintiff shall show good cause why he cannot comply with the order. 15 3. Plaintiff is warned that failure to timely comply with this order may result in a 16 17 recommendation that this action be dismissed. Dated: November 26, 2017 18 19 20 21 22 23 DB:12 DB/Orders/Prisoner.Civil.Rights/crud.2748.fta.osc 24 25 26 27 28 2

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?