(PC) Garces v. Gamboa ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS MANUEL GARCES, Case No. 1:21-cv-00392-EPG (PC) 12 Plaintiff, 13 v. ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT 14 M. GAMBOA, et al., (ECF. No. 9) 15 Defendants. 16 17 Plaintiff Luis Manuel Garces (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this 19 action by filing a complaint on March 12, 2021. (ECF No. 1.) On March 23, 2021, Plaintiff filed a 20 motion for leave to file an amended complaint. (ECF No. 9.) 21 Federal Rule of Civil Procedure 15(a)(1) provides: “A party may amend its pleading once 22 as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a 23 responsive pleading is required, 21 days after service of a responsive pleading or 21 days after 24 service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” 25 Here, the complaint has not been served nor has a responsive pleading been served. In 26 addition, Plaintiff has not previously amended his complaint. Thus, Plaintiff may file an amended 27 complaint once as a matter of course. 28 /// 1 The amended complaint should be clearly and boldly titled “First Amended Complaint,” 2 | refer to the appropriate case number, and be an original signed under penalty of perjury. Plaintiff 3 | should note that although he has the opportunity to amend, it is not for the purpose of changing 4 | the nature of this suit or adding unrelated claims. George v. Smith, 507 F.3d 605, 607 (7th Cir. 5 | 2007) (no “buckshot” complaints). Plaintiff is also advised that an amended complaint supersedes 6 | the original complaint, Lacey v. Maricopa County, 693 F.3d. 896, 907 n.1 (9th Cir. 2012) (en 7 | banc), and must be complete in itself without reference to the prior or superseded pleading, Local 8 | Rule 220. Therefore, in an amended complaint, as in an original complaint, each claim must be 9 | sufficiently alleged. The amended complaint must also state what each named defendant did that 10 | led to the deprivation of Plaintiff's constitutional or other federal rights. Fed. R. Civ. P. 8(a); 11 | Ashcroft v. Igbal, 556 U.S. 662, 678 (2009); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). 12 | Plaintiff must demonstrate that each defendant personally participated in the deprivation of his 13 | rights. Jones, 297 F.3d at 934 (emphasis added). 14 Accordingly, Plaintiff's motion for leave to file an amended complaint (ECF No. 9) is 15 | GRANTED. Plaintiff may file an amended complaint within thirty (30) days after service of this 16 | order. If Plaintiff fails to file an amended complaint within the thirty-day period, the Court will 17 | screen the original complaint in due course as required by 28 U.S.C. §§ 1915 and 1915A. 18 19 IT IS SO ORDERED. 20 | Dated: _ March 24, 2021 [see ey — 1 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28