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Belmonte v. Winkfield

United States District Court, E.D. California

November 18, 2019

MIGUEL BELMONTE, Plaintiff,
v.
WINKFIELD, et al., Defendants.

          ORDER

          ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE

         Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         Before this court for review are plaintiff's first amended complaint (“FAC”) and four supplements. See ECF Nos. 11-15. For the reasons stated below, the court will provide plaintiff with a second opportunity to amend his complaint. Plaintiff will be directed to incorporate the relevant information in the supplements into his second amended complaint (“SAC”) so that all allegations are contained in a single document.

         I. RELEVANT PROCEDURAL HISTORY

         Plaintiff's original complaint was filed on June 27, 2019. ECF No. 1. On July 31, 2019, the court screened the pleading and granted plaintiff leave to amend. See generally ECF No. 8.

         On August 16, 2019, plaintiff filed the instant FAC. ECF No. 11. Thereafter, on November 4, 2019, plaintiff filed three separate and unsolicited “supplements” to the FAC. See ECF Nos. 12, 13, 14. Plaintiff filed a fourth unsolicited supplement on November 14, 2019. ECF No. 15.

         Given the disjointed nature of the FAC, the collective length of plaintiff's supplements, and plaintiff's obvious desire that the content of the supplements be considered, the court will not screen the FAC at this time. Instead, plaintiff will be given the opportunity to file a single document that contains all pertinent information. To assist plaintiff in preparing a Second Amended Complaint, the court provides the following information.

         II. PLAINTIFF'S FIRST AMENDED COMPLAINT

         Plaintiff's FAC is rambling and unfocused. The claims asserted are similar to those in the original June 2019 complaint, and plaintiff also identifies incidents that have occurred since he filed the original complaint. Compare ECF No. 1, with ECF No. 11. The FAC also names some new defendants and does not include others mentioned in the original complaint.[1] Compare ECF No. 1 at 1-3, with ECF No. 11 at 1-2.

         At the core of the FAC is the assertion that: (1) defendants violated plaintiff's rights under the First Amendment when they retaliated against him for providing testimony to the Office of the Inspector General in a case of another inmate, and/or (2) that defendants violated plaintiff's First Amendment rights when they retaliated against him for filing grievances against them, or, as plaintiff states it, “writing them up.” See generally ECF No. 11 at 3. Whether plaintiff is attempting to raise the former claim, the latter, or both is unclear.

         Plaintiff alleges that defendants' collective “efforts are conspiritory [sic] and offend the constitution by threatening to inhibit the excercise [sic] of [plaintiff's] protected right.” Id. at 6 (brackets added). He asks for $25, 000.00 in compensatory damages and $7, 500.00 in punitive damages. Id. at 7-8.

         III. PLAINTIFF'S SUPPLEMENTS

         In the four supplements plaintiff has filed since he filed his FAC, he raises additional assertions of ethical deficiency, prejudice, and misconduct on the part of prison officials. See generally ECF Nos. 12-14. He also provides additional facts related to his claim against defendant Nichols. See ECF No. 15. Collectively, the four filings ...


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