United States District Court, E.D. California
ADDRESSING PLAINTIFF'S REQUEST TO ADD AFFIDAVITS TO
COMPLAINT (ECF NO. 11.) ORDER INFORMING PLAINTIFF HE IS
PERMITTED TO FILE AMENDED COMPLAINT AS A MATTER OF COURSE
ORDER FOR CLERK TO SEND COMPLAINT FORM TO PLAINTIFF THIRTY
DAY DEADLINE TO FILE FIRST AMENDED COMPLAINT
S. AUSTIN UNITED STATES MAGISTRATE JUDGE.
Dixon (“Plaintiff”) is a state prisoner
proceeding pro se with this civil rights action
pursuant to 42 U.S.C. § 1983. On April 21, 2017,
Plaintiff filed the Complaint commencing this action. (ECF
25, 2017, Plaintiff filed a motion for leave to add
affidavits to the Complaint. (ECF No. 11.)
LOCAL RULE 220 AND FEDERAL RULE OF CIVIL PROCEDURE 15(a) -
AMENDING THE COMPLAINT
Rule 220 provides, in part:
Unless prior approval to the contrary is obtained from the
Court, every pleading to which an amendment or supplement is
permitted as a matter of right or has been allowed by court
order shall be retyped and filed so that it is complete in
itself without reference to the prior or superseded pleading.
No pleading shall be deemed amended or supplemented until
this Rule has been complied with. All changed pleadings shall
contain copies of all exhibits referred to in the changed
has submitted exhibits to the court with a request to add
them to the Complaint. Plaintiff may not amend the Complaint
in this manner. Under Rule 220, Plaintiff may not amend the
Complaint by adding information piecemeal after the Complaint
has been filed. To add information or correct an error in the
Complaint, Plaintiff must file a new First Amended Complaint
which is complete within itself.
Rule 15(a) of the Federal Rule of Civil Procedure, a party
may amend the party's pleading once as a matter of course
at any time before a responsive pleading is served.
Otherwise, a party may amend only by leave of the Court or by
written consent of the adverse party, and leave shall be
freely given when justice so requires. Fed.R.Civ.P. 15(a).
Here, because Plaintiff has not previously amended the
Complaint and no responsive pleading has been served in this
action, Plaintiff has leave to file an amended complaint as a
matter of course. Plaintiff shall be granted thirty days in
which to file an amended complaint, making the needed
must demonstrate in his amended complaint how the conditions
complained of have resulted in a deprivation of his
constitutional rights. See Ellis v. Cassidy, 625
F.2d 227 (9th Cir. 1980). The amended complaint must allege
in specific terms how each named defendant is involved. There
can be no liability under 42 U.S.C. § 1983 unless there
is some affirmative link or connection between a
defendant's actions and the claimed deprivation.
Rizzo v. Goode, 423 U.S. 36 (1976); May v.
Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson
v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
general rule, an amended complaint supersedes the original
complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th
Cir. 1967). Once an amended complaint is filed, the original
complaint no longer serves any function in the case.
Therefore, in an amended complaint, as in an original
complaint, each claim and the involvement of each defendant
must be sufficiently alleged.
exhibits, while they are permissible, Fed.R.Civ.P. 10(c),
they are not necessary in the federal system of notice
pleading, Fed.R.Civ.P. 8(a). The court strongly suggests to
Plaintiff that they should not be submitted where (1) they
serve only to confuse the record and burden the court, or (2)
they are intended as future evidence. If this action reaches
a juncture at which the submission of evidence is appropriate
and necessary (e.g., summary judgment or trial), Plaintiff
will have the opportunity at that time to submit his
should note that although he has the opportunity to amend, it
is not for the purpose of adding allegations of events
occurring after April 21, 2017, the date the Complaint was
filed. Plaintiff may not change the nature of this suit by
adding new, unrelated claims in his amended complaint.