(PC) Rysedorph v. John ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARED KRISTOPHER RYSEDORPH, Case No. 1:23-cv-00251-ADA-BAM (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S THIRD MOTION FOR EXTENSION OF TIME TO 13 v. FILE SECOND AMENDED COMPLAINT AND TO ADD SUPPLEMENTAL FACTS 14 JOHN, et al., (ECF No. 26) 15 Defendants. FORTY-FIVE (45) DAY DEADLINE 16 17 Plaintiff Jared Kristopher Rysedorph (“Plaintiff”) is a state prisoner proceeding pro se and 18 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On July 5, 2023, the Court screened the first amended complaint and directed Plaintiff to 20 file a second amended complaint or a notice of voluntary dismissal within thirty days. (ECF No. 21 20.) Following two extensions of time due to Plaintiff’s broken hand, Plaintiff’s response is 22 currently due on or before October 18, 2023. (ECF Nos. 23, 25.) 23 Currently before the Court is Plaintiff’s request for a third extension of the deadline, filed 24 October 12, 2023. (ECF No. 26.) Plaintiff states that he requests leave to add supplemental facts 25 to the amended complaint that relate directly back to the core issue of staff at CDCR state prisons 26 denying Plaintiff essential treatment for his serious medical condition (celiac disease) and the 27 injuries sustained by Plaintiff due to the denial of treatment. Plaintiff requests that the Court 28 grant his request to file an amended complaint which includes facts concerning events and 1 information subsequent to those in the initial complaint. Plaintiff further states that due to 2 conditions of his confinement, his injured hand is still not healed, and he requests a 45-day 3 extension and information from the Court ADA Coordinator. (Id.) 4 Having considered the request, the Court finds good cause to grant the requested 5 extension of time. Fed. R. Civ. P. 6(b). Further, Plaintiff is advised that supplemental facts may 6 be included in Plaintiff’s amended complaint if they raise claims arising out of the same conduct, 7 transaction, or occurrence set out in the original complaint. Fed. R. Civ. P. 15. 8 However, the Court finds that, in light of the number of extensions already granted for this 9 deadline, Plaintiff’s prior assertion that he would have weekly access to a typewriter to 10 accommodate his injured hand, and the fact that Plaintiff’s recent motions are handwritten and 11 legible to the Court, further requests for extension of this deadline will be subject to a 12 narrow interpretation of what constitutes good cause. 13 Finally, to the extent Plaintiff’s motion requests information regarding ADA 14 accommodations, the Court finds that Plaintiff has demonstrated his ability to continue to 15 communicate with the Court through written motions and with reasonable extensions of time 16 during his recover from his hand injury. Plaintiff may continue to request such extensions if they 17 are supported by good cause, subject to the limitation stated above. 18 Plaintiff is reminded that any amended complaint should be brief, Fed. R. Civ. P. 8(a), but 19 it must state what each named defendant did that led to the deprivation of Plaintiff’s constitutional 20 rights, Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009). Although accepted as true, the “[f]actual 21 allegations must be [sufficient] to raise a right to relief above the speculative level . . . .” Bell 22 Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations omitted). 23 Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated 24 claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no 25 “buckshot” complaints). 26 Finally, Plaintiff is advised that an amended complaint supersedes the original complaint. 27 Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff’s amended 28 complaint must be “complete in itself without reference to the prior or superseded pleading.” 1 Local Rule 220 (emphasis added). This includes any exhibits or attachments Plaintiff wishes to 2 incorporate by reference. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s third motion for extension of time, (ECF No. 26), is GRANTED; 5 2. Within forty-five (45) days from the date of service of this order, Plaintiff must file a 6 second amended complaint curing the deficiencies identified by the Court’s July 5, 2023 7 screening order (or file a notice of voluntary dismissal); and 8 3. If Plaintiff fails to comply with this order, this action will be dismissed, with 9 prejudice, for failure to obey a court order and for failure to state a claim. 10 IT IS SO ORDERED. 11 12 Dated: October 13, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28