(PC) Morgan v. Sacramento Co. Department of Health Service et al
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/8/2019 ORDERING the Clerk to strike #6 Second Copy of Plaintiff's Complaint from the record; DENYING #8 Motion to Supplement the Complaint; and GRANTING Plaintiff 30 days of the service of this order to file an amended complaint. (Henshaw, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SAMMY DAVIS MORGAN,
No. 2:19-cv-1600 CKD P
SACRAMENTO CO. DEPARTMENT OF
HEALTH SERVICES, et al.,
Plaintiff, a county prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983
and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has
submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). ECF No. 2.
Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
§§ 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in
accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct
the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and
forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments
of twenty percent of the preceding month’s income credited to plaintiff’s prison trust account.
These payments will be forwarded by the appropriate agency to the Clerk of the Court each time
the amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C.
Plaintiff has filed two copies of his complaint, the second of which was docketed as a first
amended complaint. (ECF Nos. 1, 6.) Because the complaints are identical, the Clerk of the
Court will be directed to strike the second copy of the complaint as duplicative. Plaintiff has also
filed a motion for supplemental pleading. (ECF No. 8.) In the motion, plaintiff requests that his
supplemental pleading be added onto his original complaint. (Id. at 1.) Review of the proposed
supplemental pleading reveals that it makes allegations against defendants generally or against a
defendant without specifying which defendant. The court is unable to determine whether plaintiff
has stated a claim against a defendant if it is unable to tell which defendant the claims are being
made against. Furthermore, the purpose of a supplemental pleading is to plead additional events
that occur after the pleading to be supplemented. Fed. R. Civ. P. 15(d). Plaintiff’s proposed
supplemental pleading does not appear to allege new incidents occurring after the complaint, but
instead appears to be an attempt to expand the original complaint to include claims under the
Americans with Disabilities Act. If plaintiff would like to add additional claims to his complaint,
he will need to file an amended complaint that includes all of the claims that he seeks to make,
and he will be given an opportunity to do so.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to strike the second copy of plaintiff’s complaint
(ECF No. 6) from the record.
2. Plaintiff’s motion to supplement the complaint (ECF No. 8) is denied.
3. Plaintiff may file an amended complaint within thirty days of the service of this order.
Failure to file an amended complaint will result in this action proceeding on the original
4. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint
form used in this district.
Dated: October 8, 2019
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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