(PC) Smith v. Pfeiffer ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARMAAL SMITH, Case No. 1:19-cv-00437-LJO-JDP 12 Plaintiff, ORDER GRANTING MOTION TO AMEND 13 v. ECF No. 10 14 E. PARKS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought 18 under 42 U.S.C. § 1983. Before the court is plaintiff’s motion to amend his complaint. ECF No. 19 10. As this is plaintiff’s first motion and I grant leave to amend once as a matter of course, I grant 20 plaintiff’s motion. See Fed. R. Civ. P. 15(a)(1); ECF No. 10. Plaintiff will have thirty days to 21 submit a first amended complaint. 22 The amended complaint will supersede the original complaint, Lacey v. Maricopa County, 23 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en banc), and the amended complaint must be complete 24 on its face without reference to the prior, superseded pleading, see E.D. Cal. Local Rule 220. 25 Plaintiff may not change the nature of this suit by adding new, unrelated claims or new, unrelated 26 defendants in his amended complaint. See Fed. R. Civ. P. 18; George v. Smith, 507 F.3d 605, 607 27 (7th Cir. 2007) (“Unrelated claims against different defendants belong in different suits . . . .”). 28 1 | Once an amended complaint is filed, the original complaint no longer serves any function. 2 | Therefore, in an amended complaint, as in an original complaint, plaintiff must assert each claim 3 | and allege each defendant’s involvement in sufficient detail. The amended complaint should be 4 | titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 5 | under penalty of perjury. 6 Accordingly, 7 1. plaintiff's motion to amend complaint, ECF No. 10, is granted; 8 2. plaintiff shall have thirty days to file a first amended complaint; and 9 3. the clerk is directed to send plaintiff a civil rights complaint form. 10 Wl IT IS SO ORDERED. 12 ( Waban Dated: _ December 10, 2019 13 UNIT#D STATES MAGISTRATE JUDGE 14 15 16 | No. 204. 17 18 19 20 21 22 23 24 25 26 27 28