Chambers v. McFadden-Jensen et al

Filing 17

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/22/2019 DISMISSING plaintiff's complaint with leave to file an amended complaint within 30 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMBERT G. CHAMBERS,

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Plaintiff,

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No. 2:18-cv-0613 TLN CKD P

v.

ORDER

R. MCFADDEN-JENSEN, 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. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §

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636(b)(1) and plaintiff has paid the filing fee.
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 conducted the required screening and finds that plaintiff has improperly joined claims

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and defendants. Under Rules 18 and 20 of the Federal Rules of Civil Procedure, plaintiff may

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include in a pleading any claim he may have against a particular defendant. However, claims

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against other defendants must arise from the same transaction, occurrence or series of transactions

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or occurrences as a claim against the first defendant. Plaintiff’s complaint does not comply with

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this requirement. Accordingly, plaintiff’s complaint will be dismissed with leave to file an

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amended complaint that does comply with rules regarding joinder in the Federal Rules of Civil

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Procedure.

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As to the contents of an amended complaint, plaintiff is informed that he 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, in his amended

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complaint, plaintiff must allege in specific terms how each named defendant is involved. There

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can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection

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between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362

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(1976). Furthermore, vague and conclusory allegations of official participation in civil rights

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violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). For

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example, in order to state a claim against a warden or former warden such as Warden Lizarraga,

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the allegations must show that the warden was personally involved in a deprivation of rights.

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Simply being a warden of a prison where a violation occurred is not enough for liability.

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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 complaint is dismissed.

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2. 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: July 22, 2019

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