(PC) Collins v. Kurgan ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY LEE COLLINS, No. 2:23-cv-1600 KJN P 12 Plaintiff, 13 v. ORDER 14 KURGAN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. He seeks relief 18 pursuant to 42 U.S.C. § 1983. On September 1, 2023, plaintiff’s complaint was dismissed with 19 leave to amend. 20 Plaintiff subsequently filed a document purporting to correct errors or omissions in his 21 complaint and another document containing “amendments” to his claims as to defendants Kurgan, 22 Jones and Gorman. (ECF Nos. 14 & 15.) However, as plaintiff was advised in the September 1, 23 2023 order, Local Rule 220 requires that an amended complaint be complete in itself without 24 reference to any prior pleading. (ECF No. 10 at 6.) This requirement exists because, as a general 25 rule, an amended complaint supersedes the original complaint. See Ramirez v. County of San 26 Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (“an ‘amended complaint supersedes the 27 original, the latter being treated thereafter as non-existent.’” (internal citation omitted)). Once 28 plaintiff files an amended complaint, the original pleading no longer serves any function in the 1 | case. Therefore, in an amended complaint, as in an original complaint, each claim and the 2 || involvement of each defendant must be sufficiently alleged, as well as plaintiffs injuries and his 3 || request for relief. 4 Accordingly, plaintiff's recent filings are ineffective in amending his complaint because 5 || he failed to provide one document that clearly identifies each defendant and each defendant’s 6 || alleged acts or omissions and sets forth plaintiff's injuries and includes his request for relief. 7 || Plaintiff is encouraged to use the court’s complaint form to ensure he has provided all the 8 | required information. 9 In accordance with the above, IT IS HEREBY ORDERED that: 10 1. Plaintiffs piecemeal filings (ECF Nos. 14 & 15) are disregarded; and 11 2. Plaintiff granted thirty days from the date of this order to complete the attached 12 || Notice of Amendment and submit the following documents to the court: 13 a. The completed Notice of Amendment; and 14 b. An original of the Amended Complaint. 15 | Plaintiff's amended complaint shall comply with the requirements of the Civil Rights Act, the 16 || Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must 17 || also bear the docket number assigned to this case and must be labeled “Amended Complaint.” 18 Failure to file an amended complaint in accordance with this order may result in the 19 || dismissal of this action. 20 3. The Clerk of the Court shall send plaintiff the form for filing a civil rights complaint 21 | under 42 U.S.C. § 1983. 22 | Dated: October 3, 2023 Aectl Aharon 24 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 25 | ‘cott1600.c0t 26 27 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BOBBY LEE COLLINS, No. 2:23-cv-1600 KJN P 11 Plaintiff, 12 v. NOTICE OF AMENDMENT 13 KURGAN, et al., 14 Defendants. 15 16 Plaintiff hereby submits the following document in compliance with the court’s order 17 filed______________. 18 _____________ Amended Complaint DATED: 19 20 ________________________________ Plaintiff 21 22 23 24 25 26 27 28