United States District Court, E.D. California
VACATING FINDINGS AND RECOMMENDATIONS, DIRECTING CLERK OF
COURT TO FILE AMENDED COMPLAINT, DIRECTING PLAINTIFF TO FILE
A SECOND AMENDED COMPLAINT OR NOTIFY THE COURT OF INTENT TO
PROCEED ON CLAIMS FOUND TO BE COGNIZABLE, AND DENYING MOTION
FOR EXTENSION OF TIME AS MOOT ECF NOS. 9, 10, 12
Lonnie Lewis is appearing pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
before the Court is Plaintiff's first amended complaint,
which was lodged on June 14, 2017.
filed the instant action on January 30, 2017. On April 19,
2017, the Court screened Plaintiff's complaint and
directed Plaintiff to file an amended complaint or notify the
Court of his intent to proceed on the claim found to be
25, 2017, Plaintiff notified the Court of his intent to
proceed on the claim found to be cognizable. Therefore, on
May 30, 2017, the Court issued Findings and Recommendations
recommending that this action proceed on Plaintiff's
damages claim for retaliation against Defendant Vasquez and
all other claims and Defendants be dismissed.
14, 2017, Plaintiff submitted a first amended complaint,
which was lodged.
on June 19, 2017, Plaintiff filed a motion regarding
objections to the Findings and Recommendations and a separate
motion for an extension of time. In his June 19, 2017,
filings, Plaintiff indicates that he submitted a first
amended complaint and requests ruling on such complaint
before filing objections to the pending Findings and
Court will direct the Clerk of Court to file Plaintiff's
first amended complaint which was lodged on June 14, 2017.
Rule 15(a) of the Federal Rules of Civil Procedure, a party
may amend the party's pleading once as a matter of course
twenty-one days after serving, or if a response was filed,
within twenty-one days after service of the response.
Fed.R.Civ.P. 15(a)(1). 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).
instance, because Plaintiff has not previously amended the
complaint and no responsive pleading has been served, he is
entitled to amend the complaint as a matter of course.
Accordingly, the amended complaint will be filed, and the
Court will simultaneously screen the amended complaint
names J. Vasquez (correctional officer), C. Stanley
(correctional lieutenant), M. Biter, (Warden at Kern Valley
State Prison [KVSP]), T.S. Arlitz (Associate Warden at KVSP),
and M. Jiminez (correctional officer), as Defendants.
11, 2014, Plaintiff was placed in administrative segregation
after being falsely accused of threatening staff. On this
same date, Plaintiff received a Rules Violation Report for
threatening staff. On this same date, Defendant Vasquez