Belyew v. Honea et al

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/1/2017 GRANTING plaintiff's 6 request to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent order to the Butte County Sheriff. Plaintiff's complaint is DISMISSED. Plaintiff has 30 days to file an 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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LISA BELYEW,

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No. 2:17-cv-1189 CKD P
Plaintiff,

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v.

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HONEA, et al.,

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ORDER

Defendants.

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Plaintiff is a Butte County Jail prisoner proceeding pro se with a civil action against Butte

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County Jail officials. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).

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Plaintiff requests leave to proceed in forma pauperis. Since plaintiff has submitted a

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declaration that makes the showing required by 28 U.S.C. § 1915(a), her request will be granted.

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Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§

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1914(a), 1915(b)(1). By separate order, the court directed the Butte County Jail to collect the

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initial partial filing fee from plaintiff’s trust account and to forward it to the Clerk of the Court.

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Plaintiff will be obligated for monthly payments of twenty percent of the preceding month’s

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income credited to plaintiff’s prison trust account. These payments will be forwarded by

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the Butte County Jail to the Clerk of the Court each time the amount in plaintiff’s account

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exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
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The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court has reviewed plaintiff’s complaint a determined that is it is not signed as required by Rule

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11 of the Federal Rules of Civil Procedure. Accordingly, the complaint will be dismissed with

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leave to file an amended complaint which is signed.
The court also notes that plaintiff’s complaint violates federal rules regarding joinder of

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claims. As a general rule, plaintiff may join in a complaint all actionable claims against any

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particular defendant. Fed. R. Civ. P. 18(a). Other defendants may be joined in those claims, but a

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plaintiff cannot include claims against other defendants which have no relation to the claims

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brought against the first defendant. See Fed. R. Civ. P 20.

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Plaintiff is advised generally that if plaintiff chooses file an amended complaint, she must

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demonstrate how the conditions complained of have resulted in a deprivation of plaintiff’s

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constitutional rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, plaintiff must

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allege in specific terms how each named defendant is involved. There can be no liability under

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42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s

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actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague

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and conclusory allegations of official participation in civil rights violations are not sufficient.

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Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).

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Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to

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make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended

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complaint be complete in itself without reference to any prior pleading. This is because, as a

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general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375

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F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no

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longer serves any function in the case. Therefore, in an 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 request for leave to proceed in forma pauperis (ECF No 6) is granted.

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2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees

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shall be collected and paid in accordance with this court’s order to Butte County Sheriff.

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3. Plaintiff’s complaint is dismissed.

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4. Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint that complies with the requirements of this order, the Civil Rights Act, the Federal

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Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must bear the

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docket number assigned this case and must be labeled “Amended Complaint.” Failure to file an

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amended complaint in accordance with this order will result in a recommendation that this action

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be dismissed.

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Dated: September 1, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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