(PC) Sharpe v. Sherman ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ADAM SHARPE, Case No. 1:19-cv-00711-ADA-EPG (PC) 11 Plaintiff, ORDER TO FILE PROPOSED AMENDED 12 v. COMPLAINT 13 C. CRYER, et al., (ECF No. 149) 14 Defendants. ORDER EXTENDING DEADLINE TO RESPOND TO MOTION TO AMEND 15 16 17 18 Plaintiff Adam Sharpe is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter is before the Court on 20 Plaintiff’s motion for leave to file an amended complaint to add six defendants to this case 21 based on his recent receipt of emails from the current Defendants. (ECF No. 149). Upon 22 review, the Court will order Plaintiff to file a copy of the proposed amended complaint. 23 While the Court previously granted leave to amend without first requiring Plaintiff to 24 file a copy of his proposed complaint, that amendment involved the addition of a single 25 defendant with a well-developed record of the basis for the claim. (ECF No. 135). Here, 26 Plaintiff seeks to add six defendants and the record is not well-developed as to the facts 27 supporting amendment for each defendant. See Local Rule 137(c) (requiring a party to attach a 28 proposed amended complaint to a motion seeking leave to amend). 1 Accordingly, IT IS ORDERED as follows: 2 1. By no later than July 17, 2023, Plaintiff shall file a copy of his proposed 3 amended complaint. If Plaintiff fails to do so, he is advised that his motion may 4 be denied. 5 2. Plaintiff is advised that, if granted leave to amend, his amended complaint 6 supersedes the operative complaint, Lacey v. Maricopa County, 693 F.3d. 896, 7 907 n.1 (9th Cir. 2012) (en banc), and must be complete in itself without 8 reference to the prior or superseded pleading, Local Rule 220. The proposed 9 amended complaint should be clearly and boldly titled “Proposed Second 10 Amended Complaint,” refer to the case number, and be an original signed under 11 penalty of perjury. 12 3. The date to file any opposition to Plaintiff's motion for leave to amend is 13 extended to 21 days from the date that Plaintiff files a copy of his proposed 14 amended complaint. See Local Rule 230(). 15 16 IT IS SO ORDERED. 7 | Dated: _ June 16, 2023 [sf ey 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28