Harris v. Broomfield et al

Filing 23

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MAURICE LYDELL HARRIS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 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 12 13 Plaintiff, an inmate at San Quentin State Prison (“SQSP”), has filed the instant pro se civil 14 rights action pursuant to 42 U.S.C. § 1983. On April 7, 2022, the Court screened the operative 15 complaint (Dkt. No. 8) and found that it stated cognizable claims against defendants SQSP 16 Muslim cleric Muhammad (K. Fasish) and SQSP Christian chaplain Jackson for violation of the 17 First Amendment’s free exercise clause, the Eighth Amendment, the Equal Protection Clause, and 18 the Religious Land Use and Institutionalized Persons Act. Dkt. No. 13. Plaintiff has requested 19 leave to amend the operative complaint to add as a defendant Chaplain Charles Richey, the 20 community resources manager of the Religious Programs Oversight Unit, Division of Adult 21 Institutions, because Plaintiff has recently determined that Mr. Richey is responsible for requiring 22 the named defendants to issue the religious diet violations that have violated his civil rights. Dkt. 23 No. 21. This motion is DENIED because a plaintiff may not amend a complaint piecemeal by 24 filing letters or motions with the Court adding defendants or claims. The proper way to amend a 25 complaint is to seek leave to file an amended complaint. Accordingly, the Court’s denial of 26 Plaintiff’s request to add Mr. Richey as a defendant is without prejudice to Plaintiff filing a motion 27 for leave to file a second amended complaint and attaching a proposed second amended complaint 28 that adds Mr. Richey as a defendant. Plaintiff is cautioned that, as a general rule, an amended 1 complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). 2 Once an amended complaint is filed, the original complaint no longer serves any function in the 3 case. The second amended complaint should therefore include all the defendants that Plaintiff 4 wishes to sue and all the claims he wishes to bring, including the defendants already served and 5 the claims already found cognizable. Plaintiff may not incorporate the prior complaints by 6 reference. Plaintiff is reminded that any request for leave to amend the complaint must be 7 accompanied by a proposed amended complaint, as required by the Northern District Local Rules. 8 N.D. Cal. L.R. 10-1. This order terminates Dkt. No. 21. 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 12 13 Dated: 8/1/2022 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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