(PC) Kohut v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN KOHUT, Case No. 1:20-cv-01584-JLT (PC) 12 ORDER DENYING AS MOOT Plaintiff, PLAINTIFF’S REQUEST FOR 13 RECONSIDERATION; GRANTING v. PLAINTIFF’S REQUEST FOR 14 EXTENSION OF TIME; AND REQUIRING K. ALLISON, et al., PLAINTIFF TO FILE FIRST AMENDED 15 COMPLAINT Defendants, 16 (Doc. 13) 17 60-DAY DEADLINE 18 19 In response to the Court’s first screening order of August 6, 2021, (Doc. 11), Plaintiff 20 Jonathan Kohut opted to file a first amended complaint. (Doc. 13.) Kohut also requested 21 reconsideration of the screening order by a district judge. In particular, Kohut objected to the 22 severance of Andreana Winter as a plaintiff in this action, arguing that Kohut and Winter worked 23 as a “team.” Kohut also requested a sixty-day extension of time to file his first amended 24 complaint. 25 On November 18, 2021, Kohut filed a notice of mootness and withdrawal of argument. 26 (Doc. 16.) Kohut informs the Court that he “has lost confidence in the team dynamic,” and he 27 refers to Winter as his “former fiancé.” Therefore, the issue of severance is moot. 28 /// 1 Plaintiff is informed that an amended complaint supersedes the original complaint. Lacey 2 v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Thus, the amended complaint must be 3 “complete in itself without reference to the prior or superseded pleading.” E.D. Cal. R. 220. The 4 Court provides Plaintiff with an opportunity to amend his complaint to cure the deficiencies 5 identified in the Court’s first screening order. However, Plaintiff may not change the nature of 6 this suit by adding unrelated claims in an amended complaint. Accordingly, the Court ORDERS: 7 1. Plaintiff’s request for an extension of time, (Doc. 13), is GRANTED; 8 2. Plaintiff is SHALL file a first amended complaint within 60 days from the date of 9 service of this order; and 10 3. The Clerk’s Office is directed to send Plaintiff a civil rights complaint form. 11 If Plaintiff fails to comply with this order, the Court will recommend that this action 12 proceed only on the claims found cognizable in the first screening order and that all other 13 claims and defendants be dismissed with prejudice. 14 IT IS SO ORDERED. 15 16 Dated: December 4, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28