(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 CONSTRUING PLAINTIFF’S LODGED FIRST AMENDED COMPLAINT 13 v. AS A MOTION FOR LEAVE TO FILE AN 14 JOHN, et al., AMENDED COMPLAINT (ECF No. 16) 15 Defendants. ORDER GRANTING MOTION FOR LEAVE 16 TO FILE AMENDED COMPLAINT (ECF No. 16) 17 18 THIRTY (30) DAY DEADLINE 19 Plaintiff Jared Kristopher Rysedorph (“Plaintiff”) is a state prisoner proceeding pro se and 20 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint has not 21 yet been screened. 22 On May 16, 2023, Plaintiff filed a document titled “Proposed Amendments to Complaint,” 23 which was lodged as a first amended complaint. (ECF No. 16.) As Plaintiff appears to be 24 requesting to add a defendant and additional allegations to the operative complaint, the Court 25 construes the filing as a motion for leave to file an amended complaint. 26 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s 27 pleading once as a matter of course at any time before a responsive pleading is served. 28 Otherwise, a party may amend only by leave of the court or by written consent of the adverse 1 party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). “Rule 15(a) 2 is very liberal and leave to amend shall be freely given when justice so requires.” 3 AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (citation and 4 quotation omitted). However, courts “need not grant leave to amend where the amendment: 5 (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue delay in 6 litigation; or (4) is futile.” Id. 7 In considering the relevant factors, the Court finds no evidence of prejudice, bad faith, 8 undue delay in litigation, or futility. Plaintiff’s complaint has not yet been screened and no 9 defendants have been served or have appeared in this action. Accordingly, Plaintiff’s motion to 10 amend shall be granted. However, Plaintiff may not file a separate document that adds or 11 excludes facts from an existing complaint. Rather, Plaintiff must file a first amended complaint 12 that is a complete document. 13 Plaintiff’s first amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state 14 what each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, 15 Iqbal, 556 U.S. at 678-79. Although accepted as true, the “[f]actual allegations must be 16 [sufficient] to raise a right to relief above the speculative level . . . .” Twombly, 550 U.S. at 555 17 (citations omitted). 18 Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated 19 claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no 20 “buckshot” complaints). 21 Finally, Plaintiff is advised that an amended complaint supersedes the original complaint. 22 Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff’s amended 23 complaint must be “complete in itself without reference to the prior or superseded pleading.” 24 Local Rule 220. This includes any exhibits or attachments Plaintiff wishes to incorporate by 25 reference. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Plaintiff’s lodged first amended complaint, (ECF No. 16), is CONSTRUED as a motion 28 for leave to file an amended complaint; 1 2. Plaintiff’s motion for leave to file an amended complaint, (ECF No. 16), is GRANTED; 2 3. The Clerk’s Office shall send Plaintiff a complaint form; 3 4. Plaintiff’s first amended complaint, not to exceed twenty-five (25) pages, is due within 4 thirty (30) days from the date of service of this order; and 5 5. If Plaintiff fails to file a first amended complaint in compliance with this order, this 6 action will be dismissed for failure to prosecute and failure to obey a court order. 7 IT IS SO ORDERED. 8 9 Dated: May 23, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28