Harris v. Broomfield et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. DENYING 21 REQUEST TO ADD DEFENDANT WITHOUT PREJUDICE TO FILING SECOND AMENDED COMPLAINT.(ndr, COURT STAFF) (Filed on 8/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MAURICE LYDELL HARRIS,
Plaintiff,
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United States District Court
Northern District of California
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v.
CLERIC MUHAMMAD, et al.,
Defendants.
Case No. 21-cv-00283-HSG
ORDER DENYING REQUEST TO ADD
DEFENDANT WITHOUT PREJUDICE
TO FILING SECOND AMENDED
COMPLAINT
Re: Dkt. No. 21
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Plaintiff, an inmate at San Quentin State Prison (“SQSP”), has filed the instant pro se civil
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rights action pursuant to 42 U.S.C. § 1983. On April 7, 2022, the Court screened the operative
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complaint (Dkt. No. 8) and found that it stated cognizable claims against defendants SQSP
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Muslim cleric Muhammad (K. Fasish) and SQSP Christian chaplain Jackson for violation of the
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First Amendment’s free exercise clause, the Eighth Amendment, the Equal Protection Clause, and
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the Religious Land Use and Institutionalized Persons Act. Dkt. No. 13. Plaintiff has requested
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leave to amend the operative complaint to add as a defendant Chaplain Charles Richey, the
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community resources manager of the Religious Programs Oversight Unit, Division of Adult
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Institutions, because Plaintiff has recently determined that Mr. Richey is responsible for requiring
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the named defendants to issue the religious diet violations that have violated his civil rights. Dkt.
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No. 21. This motion is DENIED because a plaintiff may not amend a complaint piecemeal by
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filing letters or motions with the Court adding defendants or claims. The proper way to amend a
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complaint is to seek leave to file an amended complaint. Accordingly, the Court’s denial of
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Plaintiff’s request to add Mr. Richey as a defendant is without prejudice to Plaintiff filing a motion
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for leave to file a second amended complaint and attaching a proposed second amended complaint
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that adds Mr. Richey as a defendant. Plaintiff is cautioned that, as a general rule, an amended
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complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967).
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Once an amended complaint is filed, the original complaint no longer serves any function in the
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case. The second amended complaint should therefore include all the defendants that Plaintiff
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wishes to sue and all the claims he wishes to bring, including the defendants already served and
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the claims already found cognizable. Plaintiff may not incorporate the prior complaints by
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reference. Plaintiff is reminded that any request for leave to amend the complaint must be
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accompanied by a proposed amended complaint, as required by the Northern District Local Rules.
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N.D. Cal. L.R. 10-1.
This order terminates Dkt. No. 21.
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IT IS SO ORDERED.
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United States District Court
Northern District of California
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Dated:
8/1/2022
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HAYWOOD S. GILLIAM, JR.
United States District Judge
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