Humes v. Olson

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 1/29/18 ORDERING within 30 days from the date of service of this order, plaintiff may file a second amended complaint. The amended complaint must comply with this order and the 12/28/17 screening order 12 . The clerk of the court is directed to send plaintiff a copy of the prisoner complaint form used in this district. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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No. 2:17-cv-2327 JAM AC P
Plaintiff,

v.

ORDER

TRACIE OLSON, et al.,
Defendants.

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Plaintiff, a county prisoner proceeding pro se, seeks relief pursuant to Title II of the

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Americans with Disabilities Act (ADA) and was granted leave to file a second amended

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complaint. ECF No. 12 at 6-7.

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On screening, the court found that plaintiff’s first amended complaint failed to state a

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claim upon which relief could be granted. ECF No. 12 at 3-5; 28 U.S.C. § 1915A(b). Plaintiff

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was given the opportunity to amend the complaint within thirty days, and instructed that to

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successfully state a claim the amended complaint must independently address how the conditions

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he complains about violated his rights under the ADA. ECF No. 12 at 6-7.

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Plaintiff has now submitted a letter to the court which largely addresses matters unrelated

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to the claims he is attempting to make. ECF No. 14. However, the end of the letter appears to

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attempt to address one of the deficiencies the court identified with his ADA claim. It seems that

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plaintiff is trying to supplement the first amended complaint, rather than filing an amended
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complaint as directed. Id. at 2.

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In screening the first amended complaint, the court advised plaintiff “that in order to show

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that the probation department’s failure to provide him with bus passes violated the ADA, he must

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allege facts that show that transportation assistance was a service normally provided by the

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probation department and that the reason he was denied bus passes was because he was disabled.”

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ECF No. 12 at 5. The letter states, in reply to the order, that plaintiff “was very disabled, and

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really needed accommodations, w[h]ether other people got them or not” and that he “was refused

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them by all.” ECF No. 14 at 2. These allegations do not fix the problem with plaintiff’s first

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amended complaint. Moreover, plaintiff cannot simply try to add on to the first amended

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complaint, and his letter fails to fulfill the requirements for an independent amended complaint

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because the letter does not give all the information about plaintiff’s claim. As the court

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previously explained, plaintiff needs to include all of his information and claims in the amended

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complaint because the court will not look at other documents when deciding whether he has

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stated a claim.

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Plaintiff will be given another opportunity to amend the complaint and is reminded that

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failure to file an amended complaint in accordance with these requirements will result in a

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recommendation that this action be dismissed.

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

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1. Within thirty days from the date of service of this order, plaintiff may file a second

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amended complaint. The amended complaint must comply with this order and the December 28,

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2017 screening order (ECF No. 12). Failure to file an amended complaint in accordance with this

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order will result in a recommendation that this action be dismissed.

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2. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint

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form used in this district.

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DATED: January 29, 2018

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