McClain v. Salem Hospital et al

Filing 64

ORDER: Plaintiff has fourteen (14) days from the date of this Order (8/9/2012) to file a third amended complaint. A failure to file a third amended complaint that complies with the guidelines noted above will result in this action proceeding with the Second Amended Complaint as it was filed, raising one claim and naming Conmed, Inc, Shelia Lorence, and Marion County Jail as defendants. Pending motions for appointment of counsel 47 ; for waiver of Pacer fees 48 ; and for suspension of l ocal rules 61 are DENIED. Pending motions 51 , 54 , 55 , 57 , 58 , 59 and 60 , some of which pertain to individuals not named as defendants in the Second Amended Complaint, are DENIED as premature or improper. See 3-page order attached. Amended Complaint is due 8/9/2012. Signed on 7/26/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROBERT LAMONTE McCLAIN,

6:11-cv-1444-HZ

Plaintiff,

ORDER

v.
SALEM HOSPITAL, et.al.,
Defendants.

HERNANDEZ,

District Judge.

Plaintiff brings this civil rights action pro se pursuant to
42 u.s.c. § 1983.

On April 27,

2012,

this Court issued an order

denying Plaintiff's request to amend his original complaint,
allowing
Complaint.

Plaintiff

45

days

in

which

to

file

a

Second

but

Amended

Plaintiff filed a Second Amended Complaint (#49) naming

new defendants.

However,

it is clear from the amended complaint

and motions he has filed that Plaintiff does not understand that an
amended complaint takes the place of a prior complaint, and is not
added to the original complaint.

1 - ORDER

Because Plaintiff's intent is

unclear, the Court will allow Plaintiff fourteen (14) days in which
to file a Third Amended Complaint which presents every claim he
wishes to raise, and which names every defendant.
Plaintiff is advised that the Third Amended Complaint must
comply with the Federal Rules of Civil Procedure and Local Rule 15.
That is:
Each and every defendant Plaintiff wishes to name in this
civil action must be named in the caption of the complaint.
Fed. R. Civ. P. lO(a).
Each and every claim must be stated in the amended complaint.
L.R. 15-1 (c).
The complaint must contain a short and plain statement of the
claim ( s) showing that the plaintiff is entitled to relief,
that is
showing how the defendants violated plaintiff's
civil rights; the complaint must state the relief the
plaintiff is seeking.
Fed. R. Civ. P. lO(a).
The amended complaint must include in the title PROPOSED THIRD
AMENDED COMPLAINT and specify case number 6:11-cv-1444-HZ.
CONCLUSION

Plaintiff has fourteen (14) days from the date of this Order
to file

a

third amended complaint.

A failure

to file

a third

amended complaint that complies with the guidelines noted above
will

result

in this

action proceeding with the

Complaint as it was filed,

Second Amended

raising one claim and naming Conmed,

Inc, Shelia Lorence, and Marion County Jail as defendants.
Pending motions for appointment of counsel (#47); for waiver
of Pacer fees
DENIED.

(#48); and for suspension of local rules

Pending motions (#51),

2 - ORDER

(#54),

(#55),

(#57),

(#61)

(#58),

are

(#59),

and

( # 60) ,

some

of

which

pertain

to

individuals

not

named

as

defendants in the Second Amended Complaint, are DENIED as premature
or improper.
IT IS SO ORDERED.
DATED

this ~

day of July, 2012.

,./Marco A ~ Hernandez\
United States District Judge

3 - ORDER