(PC) Gray v. Cassie ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FORREST GRAY, Case No. 2:22-cv-00099-JDP (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO AMEND THE COMPLIANT 13 v. ECF No. 26 14 CASSIE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in this action brought under 18 42 U.S.C. § 1983. I previously screened plaintiff’s first amended complaint and found that it 19 stated an Eighth Amendment claim for sexual assault against defendant Cassie. ECF No. 15. 20 Before defendant filed a response to the complaint, plaintiff filed a motion to amend the 21 complaint. ECF No. 26. 22 The Federal Rules of Civil Procedure permit plaintiff to amend his complaint as a matter 23 of course before service of a responsive pleading. See Fed. R. Civ. P. 15(a). Accordingly, his 24 motion to amend is granted. He must file his amended complaint within thirty days of this 25 order’s entry. Plaintiff is advised that his amended complaint will supersede the current 26 complaint. See Lacey v. Maricopa Cnty., 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en banc). This 27 means that the amended complaint must be complete on its face without reference to the prior 28 pleading. See E.D. Cal. Local Rule 220. Once an amended complaint is filed, the current 1 | complaint no longer serves any function. Therefore, in an amended complaint, as in an original 2 | complaint, plaintiff must assert each claim and allege each defendant’s involvement in sufficient 3 | detail. The amended complaint should be titled “Second Amended Complaint” and refer to the 4 | appropriate case number. 5 Accordingly, it is hereby ORDERED that: 6 1. Plaintiffs motion to amend the complaint, ECF No. 26, is granted. 7 2. Plaintiff shall file a second amended complaint within thirty days of the date of this 8 | order. 9 10 IT IS SO ORDERED. ll ( ie — Dated: _ November 27, 2022 Q_——. 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28