(PC) Martinez v. Parks ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD F. MARTINEZ, Case No.: 1:21-cv-01496-BAK(SAB) (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO EXCEED THE 25-PAGE 13 v. LIMIT ON HIS FIRST AMENDED COMPLAINT AND DENYING 14 A. PARKS, PLAINTIFF’S MOTION FOR COPY OF FIRST AMENDED COMPLAINT 15 Defendant. 16 (ECF Nos. 18, 19) 17 ORDER DIRECTING CLERK OF COURT TO PROVIDE PLAINTIFF WITH A CIVIL 18 RIGHTS COMPLAINT FORM 19 THIRTY (30) DAY DEADLINE 20 21 Plaintiff Ronald F. Martinez is a state prisoner proceeding pro se and in forma pauperis in 22 this civil rights action under 42 U.S.C. § 1983. On January 24, 2022, upon motion by Plaintiff, 23 this Court granted Plaintiff leave to file a first amended complaint within thirty days. (ECF No. 24 17.) The Court ordered Plaintiff to “limit his amended complaint to twenty-five (25) pages.” 25 (Id.at 2 (alteration in original).) Despite this Order, Plaintiff has filed a request for leave to 26 exceed the twenty-five-page limit and his declaration in support of the motion. (ECF No. 19.) 27 Plaintiff lodged a first amended complaint consisting of one hundred and nine (109) pages, 28 inclusive of exhibits. (ECF No. 20.) Plaintiff seeks to add a second First Amendment retaliation 1 claim. Plaintiff also seeks to add as a defendant M. Lirones, another librarian and supervisor to 2 Defendant A. Parks. 3 I. DISCUSSION 4 Plaintiff’s proposed first amended complaint does not comply with Federal Rule of Civil 5 Procedure 8, which requires the complaint to be “a short and plain statement of the claim showing 6 that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(1). The rule also provides that “[e]ach 7 allegation must be simple, concise, and direct.” Id. at 8(d)(1). Instead, the lodged amended 8 complaint contains excessive and extraneous detail, which unnecessarily lengthen the pleading. 9 As is, the Court is unable to discern whether Plaintiff’s claims have merit. The nature of 10 Plaintiff’s First Amendment claims, the underlying facts, and exhibits do not warrant an extension 11 of the twenty-five-page limit.1 12 Therefore, Plaintiff’s motion for leave to exceed twenty-five pages is DENIED. (ECF No. 13 19.) However, the Court grants Plaintiff leave to file, within thirty (30) days, a first amended 14 complaint that complies with Rule 8 and does not exceed a total of twenty-five (25) pages. 15 Plaintiff is reminded that an amended complaint supersedes the original complaint. Lacey v. 16 Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Thus, the first amended complaint must be 17 “complete in itself without reference to the prior or superseded pleading.” E.D. Cal. R. 220. 18 Plaintiff also requests a copy of the first amended complaint. (ECF No. 18.) Previously, 19 this Court granted a similar motion: 20 Plaintiff’s motion for copies of his submitted motions (Doc. 8) is GRANTED. This is a one-time allowance, and the Court will not again provide copies without 21 the plaintiff prepaying the cost. He is urged to obtain copies of his documents 22 before filing if he wishes to have them. 23 (ECF No. 13 (emphasis added).) Moreover, under the Court’s Standing Order In re: Procedural 24 Rules for Electronic Submission of Prisoner Litigation filed by Plaintiffs Incarcerated at 25 Participating Penal Institutions, filed on March 1, 2016, “Because the original civil 26 complaint and [attachments] will be returned to the incarcerated plaintiff as after being 27 scanned and emailed, the Court and CDCR are not required to provide the incarcerated 28 1 || plaintiff with any filed stamped copies of the documents filed by the plaintiff.” Jd. After the 2 || initial filing, all other documents are sent and served by mail. /d. 3 Il. CONCLUSION 4 For the reasons stated above, Plaintiff's lodged first amended complaint is inappropriate 5 | for filing, and he is not entitled to a mailed copy of this document. Accordingly, it is HEREBY 6 || ORDERED as follows: 7 1. Plaintiff's motion for copy of first amended complaint, (ECF No. 18), is DENIED; 8 2. Plaintiff's motion to exceed the twenty-five-page limit, (ECF No. 19), is DENIED; 9 and 10 3. Plaintiff shall file, within thirty (30) days, a first amended complaint that 11 complies with Rule 8 and does not exceed a total of twenty-five (25) pages. 12 Failure to do so may result in a recommendation for dismissal of this case. 13 4. The Clerk of Court is DIRECTED to provide Plaintiff with a Civil Rights 14 Complaint form. 15 16 | ITIS SO ORDERED. Al (re 17 | Dated: _ April 5, 2022 OF 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28