(PC) Turnage v. Unknown ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MACK TURNAGE, 1:22-cv-00183-GSA-PC 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT 13 vs. ON COURT’S FORM WITHIN THIRTY DAYS 14 UNKNOWN, (ECF No. 1.) 15 Defendant. ORDER FOR CLERK TO SEND 16 PLAINTIFF A CIVIL RIGHTS COMPLAINT FORM 17 18 19 Mack Turnage (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action under 42 U.S.C. § 1983. On February 2, 2022, Plaintiff submitted a 21 letter to the Court, which was filed as a Complaint commencing this action. (ECF No. 1.) 22 Because Plaintiff’s Complaint was submitted in letter form, Plaintiff shall be required to file a 23 First Amended Complaint on the Court’s form which is enclosed with this order. 24 The First Amended Complaint should be brief, Fed. R. Civ. P. 8(a), but must state what 25 each named defendant did that led to the deprivation of Plaintiff’s constitutional or other federal 26 rights, Iqbal, 556 U.S. at 678; Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff 27 must set forth “sufficient factual matter . . . to ‘state a claim that is plausible on its face.’” Id. at 28 678 (quoting Twombly, 550 U.S. at 555). There is no respondeat superior liability, and each 1 defendant is only liable for his or her own misconduct. Iqbal, 556 U.S. at 677. Plaintiff must 2 demonstrate that each defendant personally participated in the deprivation of his rights. Jones, 3 297 F.3d at 934 (emphasis added). Plaintiff should state clearly, in his own words, what 4 happened and how each defendant’s actions violated the particular right described by Plaintiff. 5 Plaintiff should note that although he has been given the opportunity to amend, it is not 6 for the purposes of adding allegations of events occurring or claims arising after February 2, 7 2022, the date the original Complaint was filed. Also, Plaintiff may not change the nature of this 8 suit by adding new, unrelated claims in his amended complaint. 9 Plaintiff is advised that an amended complaint supersedes the original complaint, Lacey 10 v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en banc), and it must be complete 11 in itself without reference to the prior or superseded pleading. Local Rule 220. Once an amended 12 complaint is filed, the prior complaint no longer serves any function in the case. Therefore, in 13 an amended complaint, as in an original complaint, each claim and the involvement of each 14 defendant must be sufficiently alleged. The amended complaint should be clearly and boldly 15 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 16 under penalty of perjury. 17 Based on the foregoing, it is HEREBY ORDERED that: 18 1. The Clerk’s Office shall send Plaintiff a civil rights complaint form; 19 2. Within thirty (30) days from the date of service of this order, Plaintiff shall file 20 a First Amended Complaint on the Court’s form; 21 3. If Plaintiff fails to comply with this order, this action may be dismissed for failure 22 to comply with a Court order. 23 IT IS SO ORDERED. 24 25 Dated: April 19, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28