Harris v. Malakkla et al

Filing 34

ORDER signed by Magistrate Judge Deborah Barnes on 11/15/2018 STRIKING 33 Second Amended Prisoner Civil Rights Complaint. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID D. HARRIS,

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No. 2:17-cv-2040 DB P

Plaintiff,
v.

ORDER

N. MALAKKLA, et al.,
Defendants.

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Plaintiff is state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983.

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Plaintiff alleges he is not being provided proper pain medication in violation of the Eighth

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Amendment. The court found plaintiff’s first amended complaint (ECF No. 14) stated claims

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against defendants Malakkla and Yusufzie. (ECF No. 17.) Defendants filed a waiver of service

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on October 29, 2018 (ECF No. 31), but have yet to file an answer.

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On November 9, 2018 plaintiff filed a second amended complaint. (ECF No. 33.) The filing

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contains a copy of plaintiff’s first amended complaint, as well as an additional eight handwritten

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pages setting forth the same information contained in the first amended complaint, and eight

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pages of exhibits related to plaintiff’s claim.

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Because it appears that plaintiff is not attempting to change his complaint in any material

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way, such as adding new allegations, claims, or defendants, the court will strike the second

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amended complaint. However, if plaintiff wishes to amend the complaint he may file a motion to
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amend the complaint explaining the reason for the amendment. Plaintiff is informed that any

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amended complaint it will be subject to the screening requirement under 42 U.S.C. § 1915A.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s second amended complaint (ECF

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No. 33) shall be stricken from the record.

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Dated: November 15, 2018

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DLB:12
DLB1/prisoner-civil rights/harr2040.Amd

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