Taylor v. Paramo et al

Filing 8

ORDER Denying as Moot 7 Plaintiff's Motion to Amend Complaint. The Court denies as moot Plaintiff's motion for leave to file an amended complaint. The Court advises Plaintiff that an amended complaint must be complete by itself without re ference to the original pleading. Any defendants not named, and any claim not re-alleged, in an amended complaint will be considered waived. The Court directs the Clerk of Court to mail a court approved civil rights form complaint to Plaintiff. Signed by Judge Michael M. Anello on 8/2/2018. (All non-registered users served via U.S. Mail Service)(Blank 1983 FAC mailed)(rmc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 18cv942-MMA (BLM)

ROBERT TAYLOR,
Plaintiff,

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v.

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ORDER DENYING AS MOOT
PLAINTIFF’S MOTION TO AMEND
COMPLAINT

PARAMO, et al.,
Defendants.

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[Doc. No. 7]

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Plaintiff Robert Taylor, a California inmate proceeding pro se, brings this civil

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rights action against various prison officials at R. J. Donovan Correctional Facility in San

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Diego, California, alleging violation of his Eighth Amendment right to be free from the

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excessive use of force. See Doc. No. 1. The Court screened Plaintiff’s complaint

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pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A, and found it suitable for service upon

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the named defendants. See Doc. No. 4. Plaintiff now moves for leave to amend his

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complaint. See Doc. No. 7.

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Federal Rule of Civil Procedure 15(a) provides that “a party may amend its

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pleading once as a matter of course within 21 days after serving it.” Fed. R. Civ. P.

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15(a)(1). To date, the record reflects that none of the named defendants to this action

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have been served. Therefore, in this instance, Plaintiff may file an amended complaint

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without leave of court.
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18cv942-MMA (BLM)

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Accordingly, the Court DENIES AS MOOT Plaintiff’s motion for leave to file an

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amended complaint. The Court advises Plaintiff that an amended complaint must be

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complete by itself without reference to the original pleading. Any defendants not named,

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and any claim not re-alleged, in an amended complaint will be considered waived. See

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S.D. Cal. CivLR 15.1; Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d

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1542, 1546 (9th Cir. 1989) (“[A]n amended pleading supersedes the original.”); Lacey v.

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Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (noting that claims dismissed with

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leave to amend which are not re-alleged in an amended pleading may be “considered

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waived if not repled.”). The Court DIRECTS the Clerk of Court to mail a court-

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approved civil rights form complaint to Plaintiff.
IT IS SO ORDERED.
DATE: August 2, 2018

_______________________________________
HON. MICHAEL M. ANELLO
United States District Judge

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18cv942-MMA (BLM)