United States District Court, E.D. California
ORDER ADDRESSING PLAINTIFF'S MOTION TO AMEND (ECF
NO. 9.) ORDER INFORMING PLAINTIFF HE HAS LEAVE TO AMEND THE
COMPLAINT ONCE AS A MATTER OF COURSE THIRTY DAY DEADLINE TO
FILE FIRST AMENDED COMPLAINT ORDER FOR CLERK TO SEND
COMPLAINT FORM TO PLAINTIFF
S. AUSTIN UNITED STATES MAGISTRATE JUDGE
Dennis Sherrod (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. §
1983. Plaintiff filed the Complaint commencing this action on
June 10, 2019, in the Sacramento Division of the United
States District Court for the Eastern District of California.
(ECF No. 1.) On June 14, 2019, the case was transferred to
this court. (ECF No. 4.)
August 7, 2019, Plaintiff filed a motion to amend the
Complaint. (ECF No. 9.)
MOTION TO AMEND - FED. R. CIV. P. 15(a)
proposes requests to add new information, which he has
submitted with the motion to amend, to the Complaint. To the
extent that Plaintiff wishes to amend the Complaint by adding
information to the Complaint after it has been filed,
Plaintiff may not amend the Complaint in this manner. Under
Local 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.
may file an amended complaint at this stage of the
proceedings without leave of court. Under 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 a
First Amended Complaint, making the needed changes.
must demonstrate in his amended complaint 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 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.
should note that although he has the opportunity to amend, it
is not for the purpose of adding allegations of events
occurring after June 10, 2019, the date the initial Complaint
was filed. Also, Plaintiff may not change the nature of this
suit by adding new, unrelated claims in his amended
complaint. George v. Smith, 507 F.3d 605, 607 (7th
Cir. 2007) (no “buckshot” complaints).
First Amended Complaint should be clearly and boldly titled
“FIRST AMENDED COMPLAINT, ” refer to the
appropriate case number, and be an original signed under
penalty of perjury.
IT IS HEREBY ORDERED that:
1. Plaintiff's motion to amend, filed on August 7 2019,