(PC) Patron v. Ivey ( 2021 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 D’ANNUNZIO PATRON, Case No. 2:21-cv-01063-JDP (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO AMEND THE COMPLAINT 13 v. ECF No. 8 14 SCOTT IVEY, et al., THIRTY-DAY DEADLINE 15 Defendants. 16 17 18 19 Plaintiff, a state prisoner proceeding without counsel, filed this action against two 20 psychologists, alleging that they were deliberately indifferent to his serious medical needs. ECF 21 No. 1. Before the court had an opportunity to screen his complaint, plaintiff filed a motion to 22 amend his complaint. ECF No. 8. The motion explains that plaintiff recently learned new 23 information that is relevant to this case. Id. Plaintiff’s motion to amend the complaint, ECF No. 24 8, is granted. 25 Plaintiff is warned that his first amended complaint may only include claims that are 26 related to those contained in his original complaint; unrelated claims against multiple defendants 27 belong in separate suits. He is also reminded that the amended complaint will supersede the 28 current complaint. See Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en 1 | banc). Accordingly, plaintiffs first amended complaint must be complete on its face without 2 | reference to the prior pleading. See E.D. Cal. L.R. 220. 3 Accordingly, it is hereby ORDERED that: 4 1. Plaintiff's motion to amend complaint, ECF No. 8, is granted. 5 2. Plaintiff shall file a first amended complaint within thirty days of the date of this order. 6 7 IT IS SO ORDERED. Dated: _ September 16, 2021 Q_—_—. 9 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:21-cv-01063

Filed Date: 9/16/2021

Precedential Status: Precedential

Modified Date: 6/19/2024