(PC) Birrell v. Fox ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID WESLEY BIRRELL, et al., No. 2:16-cv-1818 KJM CKD P 12 Plaintiff, 13 v. ORDER 14 ROBERT W. FOX, et al., 15 Defendants. 16 17 On January 20, 2023, the assigned district court judge referred this case as it pertains to 18 plaintiff Deegan back to this court for further proceedings. Mr. Deegan is the only plaintiff that 19 remains. 20 Plaintiff Deegan has requested leave to file a second amended complaint. ECF No. 62. 21 Good cause appearing, plaintiff’s request for leave to amend will be granted. 22 In his second amended complaint, plaintiff must demonstrate how prison conditions 23 resulted in a deprivation of plaintiff’s constitutional rights. See Ellis v. Cassidy, 625 F.2d 227 24 (9th Cir. 1980). Also, plaintiff must allege in specific terms how each named defendant is 25 involved. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link 26 or connection between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423 27 U.S. 362 (1976). Furthermore, vague and conclusory allegations of official participation in civil 28 rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). ] Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to 2 | make plaintiff's second amended complaint complete. Local Rule 220 requires that an amended 3 || complaint be complete in itself without reference to any prior pleading. This is because, as a 4 | general rule, any amended complaint supersedes the prior complaints. See Loux v. Rhay, 375 5 || F.2d 55, 57 (9th Cir. 1967). 6 In accordance with the above, IT IS HEREBY ORDERED that: 7 1. The amended complaint (ECF No. 12) is dismissed. 8 2. Plaintiff Deegan is granted thirty days from the date of service of this order to file a 9 || second amended complaint that complies with the requirements of the Civil Rights Act, the 10 || Federal Rules of Civil Procedure, and the Local Rules of Practice. The second amended 11 || complaint must bear the docket number assigned this case and must be labeled “Second Amended 12 || Complaint.” Failure to file a second amended complaint in accordance with this order will result 13 || in arecommendation that this action be dismissed. 14 3. Defendant Fox need take no further action absent further order from the court. 15 | Dated: January 25, 2023 / ae □□ / a Ly a 16 CAROLYN K DELANEY 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 |] birisis.ia 21 22 23 24 25 26 27 28