(PC) Hicks v. Gosai ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARYL ANTHONY HICKS, Case No. 2:20-cv-02303-JDP (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO AMEND THE COMPLAINT 13 v. ECF No. 14 14 GOSAI, et al., THIRTY-DAY DEADLINE 15 Defendants. 16 17 18 On June 22, 2021, I screened plaintiff’s first amended complaint pursuant to 28 U.S.C. 19 § 1915A. I notified plaintiff that he had adequately alleged an Eighth Amendment claim against 20 defendant Gosai, but that his Sixth Amendment claim was not cognizable. I ordered him to notify 21 the court whether he intended to either proceed only with his Eighth Amendment claim or file a 22 second amended complaint. ECF No. 13. Plaintiff has since filed a document that requests leave 23 to file an “Amendment Brief” to address several issues concerning ongoing harassment. Id. 24 Plaintiff’s filing is construed as a motion to amend the complaint, and the motion is 25 granted. Plaintiff is warned that his second amended complaint may only include claims that are 26 related to his Eighth Amendment sexual assault claim against defendant Gosai; unrelated claims 27 against multiple defendants belong in separate suits. Plaintiff is reminded that the amended 28 1 | complaint will supersede the current complaint. See Lacey v. Maricopa County, 693 F. 3d 896, 2 | 907 n.1 (th Cir. 2012) (en banc). Accordingly, any second amended complaint must be 3 | complete on its face without reference to any prior pleading. See E.D. Cal. L.R. 220. 4 Accordingly, it is hereby ORDERED that: 5 1. Plaintiffs July 9, 2021 filing, ECF No. 14, is construed as a motion to amend the 6 | complaint. 7 2. Plaintiffs motion to amend complaint, ECF No. 14, is granted. 8 3. Plaintiff shall file a second amended complaint within thirty days of the date of this 9 | order. 10 Wl IT IS SO ORDERED. 12 ( ie — Dated: _ July 21, 2021 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28