(PC) Morgan v. Sacramento Co. Department of Health Service et al

Filing 9

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY DAVIS MORGAN,

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No. 2:19-cv-1600 CKD P

Plaintiff,
v.

ORDER

SACRAMENTO CO. DEPARTMENT OF
HEALTH SERVICES, et al.,
Defendants.
Plaintiff, a county prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983

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and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has

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submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). ECF No. 2.

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Accordingly, the request to proceed in forma pauperis will be granted.

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Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.

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§§ 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct

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the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and

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forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments

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of twenty percent of the preceding month’s income credited to plaintiff’s prison trust account.

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These payments will be forwarded by the appropriate agency to the Clerk of the Court each time

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the amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C.
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§ 1915(b)(2).
Plaintiff has filed two copies of his complaint, the second of which was docketed as a first

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amended complaint. (ECF Nos. 1, 6.) Because the complaints are identical, the Clerk of the

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Court will be directed to strike the second copy of the complaint as duplicative. Plaintiff has also

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filed a motion for supplemental pleading. (ECF No. 8.) In the motion, plaintiff requests that his

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supplemental pleading be added onto his original complaint. (Id. at 1.) Review of the proposed

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supplemental pleading reveals that it makes allegations against defendants generally or against a

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defendant without specifying which defendant. The court is unable to determine whether plaintiff

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has stated a claim against a defendant if it is unable to tell which defendant the claims are being

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made against. Furthermore, the purpose of a supplemental pleading is to plead additional events

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that occur after the pleading to be supplemented. Fed. R. Civ. P. 15(d). Plaintiff’s proposed

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supplemental pleading does not appear to allege new incidents occurring after the complaint, but

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instead appears to be an attempt to expand the original complaint to include claims under the

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Americans with Disabilities Act. If plaintiff would like to add additional claims to his complaint,

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he will need to file an amended complaint that includes all of the claims that he seeks to make,

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and he will be given an opportunity to do so.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to strike the second copy of plaintiff’s complaint

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(ECF No. 6) from the record.

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2. Plaintiff’s motion to supplement the complaint (ECF No. 8) is denied.

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3. Plaintiff may file an amended complaint within thirty days of the service of this order.

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Failure to file an amended complaint will result in this action proceeding on the original

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complaint.

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4. 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: October 8, 2019

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13:morg1600.supplement

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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