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Rocky J. Stanley v. Solano County Jail

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 19, 2012

ROCKY J. STANLEY,
PLAINTIFF,
v.
SOLANO COUNTY JAIL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's request for leave to amend (Doc. 12), wherein he explains how he wants to amend his complaint. Pursuant to Federal Rule of Civil Procedure 15(a)(1), a party may amend his pleading once as a matter of right at any time before being served with a responsive pleading. Here, plaintiff's original complaint has not yet been screened by the court, nor served on any of the defendants. Therefore, no responsive pleading has been served, and leave of court is not required before plaintiff can file an amended complaint.

However, the letter plaintiff submitted is insufficient to qualify as an amended complaint. As a general rule, an amended complaint supersedes the original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Thus, all claims alleged in the original complaint which are not alleged in the amended complaint are waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Therefore, if plaintiff intends to amend his complaint, the court cannot refer to the prior pleading in order to make plaintiff's amended complaint complete. See Local Rule 220. An amended complaint must be complete in itself without reference to any prior pleading. See id.

In any complaint, plaintiff must demonstrate how the conditions complained of have resulted in a deprivation of plaintiff's constitutional rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). The complaint must allege in specific terms how each named defendant is involved, and must set forth some affirmative link or connection between each defendant's actions and the claimed deprivation. See May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).

Accordingly, plaintiff's motion to amend is denied as unnecessary. If plaintiff intends to file an amended complaint, his amended complaint should be filed within the next 30 days. The Clerk of the Court is directed to send plaintiff a new prisoner civil rights form complaint.

IT IS SO ORDERED.

20121019

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