Goins v. Bobbla et al

Filing 85

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/24/20 ORDERING that plaintiff is granted 21 days to file a second amended complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND LEE GOINS,

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Plaintiff,

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v.

No. 2:18-cv-0034 TLN CKD P

ORDER

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A. DIMACULANGAN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

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1983. On March 9, 2020, the district court judge assigned to this case dismissed plaintiff’s

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remaining Eighth Amendment claim against defendant Le with leave to amend. This action is

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currently proceeding on plaintiff’s amended complaint (ECF No. 10). If plaintiff wishes to file a

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second amended complaint in an attempt to cure the deficiencies with respect to his Eighth

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Amendment claim against defendant Le, he must do so within 21 days. If plaintiff submits a

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second amended complaint, the court will screen it pursuant to 28 U.S.C. § 1915A(a).

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Plaintiff is informed that if he elects to file a second amended complaint, the court cannot

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refer to a prior pleading in order to make the second amended complaint complete. Local Rule

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220 requires that any amended complaint be complete in itself without reference to any prior

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pleading. This is because, as a general rule, an amended complaint supersedes a previous

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complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended
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complaint, the previous pleadings no longer serve any function. Therefore, in a second amended

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complaint, each claim and the involvement of each defendant must be sufficiently alleged.

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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted 21 days to file a second

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amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules

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

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the docket number assigned this case and must be labeled “Second Amended Complaint.” If

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plaintiff does not file a second amended complaint within 21 days, this action will proceed on

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plaintiff’s amended complaint.

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Dated: March 24, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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goin0034.lta

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