(PC) Haapaniemi v. Warden, FCI Mendota Prison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BJORN ERIK HAAPANIEMI, 1:23-cv-00306-GSA-PC 12 Plaintiff, ORDER ADDRESSING PLAINTIFF’S MOTION TO AMEND 13 vs. (ECF No. 6.) 14 WARDEN, FCI MENDOTA PRISON, ORDER INFORMING PLAINTIFF HE HAS LEAVE TO AMEND THE 15 et al., COMPLAINT ONCE AS A MATTER OF COURSE 16 Defendants. DEADLINE TO FILE FIRST 17 AMENDED COMPLAINT ON COURT’S FORM: MAY 5, 2023 18 ORDER FOR CLERK TO SEND 19 COMPLAINT FORM TO PLAINTIFF 20 21 22 23 24 I. BACKGROUND 25 Bjorn Erik Haapaniemi (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 26 pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 27 (1971). Plaintiff filed the Complaint commencing this action on March 1, 2023. (ECF No. 1.) 28 On March 20, 2023, Plaintiff filed a motion to amend the Complaint. (ECF No. 6.) 1 II. MOTION TO AMEND – FED. R. CIV. P. 15(a) 2 Plaintiff has submitted 32 pages of allegations and exhibits with a request to add a 3 defendant and claims to the Complaint. To the extent that Plaintiff wishes to amend the 4 Complaint by adding information to the Complaint after it has been filed, Plaintiff may not amend 5 the Complaint in this manner. Under Local Rule 220,1 Plaintiff may not amend the Complaint 6 by adding information piecemeal after the Complaint has been filed. To add information or 7 correct an error in the Complaint, Plaintiff must file a new First Amended Complaint which is 8 complete within itself. 9 Plaintiff may file an amended complaint at this stage of the proceedings without leave of 10 court. Under Rule 15(a) of the Federal Rule of Civil Procedure, a party may amend the party’s 11 pleading once as a matter of course at any time before a responsive pleading is served. Otherwise, 12 a party may amend only by leave of the court or by written consent of the adverse party, and 13 leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Here, because Plaintiff 14 has not previously amended the Complaint and no responsive pleading has been served in this 15 action, Plaintiff has leave to file an amended complaint as a matter of course. Plaintiff shall be 16 granted until May 5, 2023 in which to file a First Amended Complaint on the Court’s civil 17 complaint form, making the needed changes. 18 Plaintiff must demonstrate in his amended complaint how the conditions complained of 19 have resulted in a deprivation of Plaintiff’s constitutional rights. See Ellis v. Cassidy, 625 F.2d 20 227 (9th Cir. 1980). The amended complaint must allege in specific terms how each named 21 defendant is involved. There can be no liability under 42 U.S.C. § 1983 unless there is some 22 affirmative link or connection between a defendant’s actions and the claimed deprivation. Rizzo 23 24 1 Local Rule 220 provides, in part: 25 Unless prior approval to the contrary is obtained from the Court, every pleading to which 26 an amendment or supplement is permitted as a matter of right or has been allowed by court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded 27 pleading. No pleading shall be deemed amended or supplemented until this Rule has been complied with. All changed pleadings shall contain copies of all exhibits referred to in the changed 28 pleading. 1 v. Goode, 423 U.S. 36 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. 2 Duffy, 588 F.2d 740, 743 (9th Cir. 1978). 3 As a general rule, an amended complaint supersedes the original complaint. See Loux v. 4 Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original 5 complaint no longer serves any function in the case. Therefore, in an amended complaint, as in 6 an original complaint, each claim and the involvement of each defendant must be sufficiently 7 alleged. 8 Plaintiff should note that although he has the opportunity to amend, it is not for the 9 purpose of adding allegations of events occurring after March 1, 2023, the date the initial 10 Complaint was filed. Plaintiff may not change the nature of this suit by adding new, unrelated 11 claims in his amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no 12 “buckshot” complaints). 13 The First Amended Complaint should be clearly and boldly titled “FIRST AMENDED 14 COMPLAINT,” refer to the appropriate case number, and be an original signed under penalty of 15 perjury. 16 III. CONCLUSION 17 Accordingly, IT IS HEREBY ORDERED that: 18 1. Plaintiff’s motion to amend, filed on March 20, 2023, is RESOLVED; 19 2. Plaintiff is informed that he has leave to amend the Complaint once as a matter of 20 course; 21 3. Plaintiff is granted until May 5, 2023, in which to file a First Amended Complaint 22 as instructed by this order, using the court’s form; 23 4. The First Amended Complaint should be clearly and boldly titled “First Amended 24 Complaint,” refer to case number 1:23-cv-00306-GSA-PC, and be an original 25 signed under penalty of perjury; 26 5. The Clerk of Court shall send one § 1983 civil rights complaint form to Plaintiff; 27 and 28 /// 1 6. If Plaintiff fails to file a First Amended Complaint by May 5, 2023, the Court 2 shall proceed in this case with Plaintiff’s original Complaint filed on March 1, 3 2023. 4 IT IS SO ORDERED. 5 6 Dated: March 22, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28