(PC) Evans v. Cisneros ( 2023 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 CLEVELAND EVANS, Case No. 1:22-cv-01238-AWI-BAM (PC) 9 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE FIRST 10 v. AMENDED COMPLAINT 11 CISNEROS, et al., (ECF No. 11) 12 Defendants. THIRTY (30) DAY DEADLINE 13 14 Plaintiff Cleveland Evans (“Plaintiff”) is a state prisoner proceeding pro se and in forma 15 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 16 On December 29, 2022, the Court screened the complaint and granted Plaintiff leave to 17 file an amended complaint or a notice of voluntary dismissal within thirty days. (ECF No. 10.) 18 Currently before the Court is Plaintiff’s request for an extension of time to file an 19 amended complaint, filed January 27, 2023. (ECF No. 11.) Plaintiff requests an additional thirty 20 days to file an amended complaint. Plaintiff states that he is seeking resources necessary to meet 21 the screening requirements and is working diligently to amend the complaint. However, Plaintiff 22 is unable to meet the current deadline because his research is limited in the prison setting. (Id.) 23 Having considered the request, the Court finds good cause to grant the requested 24 extension of time. Fed. R. Civ. P. 6(b). The Court finds that an extension of thirty days is 25 appropriate under the circumstances. 26 Plaintiff is reminded that his amended complaint should be brief, Fed. R. Civ. P. 8(a), but 27 it must state what each named defendant did that led to the deprivation of Plaintiff’s constitutional 28 rights, Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009). Although accepted as true, the “[f]actual 1 allegations must be [sufficient] to raise a right to relief above the speculative level . . . .” Bell 2 Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations omitted). Plaintiff is also 3 cautioned against bringing unrelated claims in this matter in contravention of Federal Rule of 4 Civil Procedure 18. Accordingly, Plaintiff’s amended complaint, if any, may not exceed twenty- 5 five (25) pages, exclusive of exhibits. 6 Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated 7 claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no 8 “buckshot” complaints). 9 Finally, Plaintiff is advised that an amended complaint supersedes the original complaint. 10 Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff’s amended 11 complaint must be “complete in itself without reference to the prior or superseded pleading.” 12 Local Rule 220. This includes any exhibits or attachments Plaintiff wishes to incorporate by 13 reference. 14 Accordingly, IT IS HEREBY ORDERED that: 15 1. Plaintiff’s motion for extension of time to file amended complaint, (ECF No. 11), is 16 GRANTED; 17 2. Within thirty (30) days from the date of service of this order, Plaintiff shall file a first 18 amended complaint, not to exceed twenty-five (25) pages, curing the deficiencies 19 identified by the Court’s December 29, 2022 screening order or file a notice of voluntary 20 dismissal; and 21 3. If Plaintiff fails to comply with this order, this action will be dismissed, with 22 prejudice, for failure to obey a court order and for failure to state a claim. 23 IT IS SO ORDERED. 24 25 Dated: January 31, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28