(PC) Garces v. Gamboa

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA LUIS MANUEL GARCES, Case No. 1:21-cv-00392-EPG (PC) 12 Plaintiff, 13 v. ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT M. GAMBOA, et al., (ECF. No. 9) 15 Defendants.

17 Plaintiff Luis Manuel Garces (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by filing a complaint on March 12, 2021. (ECF No. 1.) On March 23, 2021, Plaintiff filed a motion for leave to file an amended complaint. (ECF No. 9.)

21 Federal Rule of Civil Procedure 15(a)(1) provides: “A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.”

25 Here, the complaint has not been served nor has a responsive pleading been served. In addition, Plaintiff has not previously amended his complaint. Thus, Plaintiff may file an amended complaint once as a matter of course.

28 /// 1 The amended complaint should be clearly and boldly titled “First Amended Complaint,” | refer to the appropriate case number, and be an original signed under penalty of perjury. Plaintiff | should note that although he has the opportunity to amend, it is not for the purpose of changing | the nature of this suit or adding unrelated claims. George v. Smith, 507 F.3d 605, 607 (7th Cir. | 2007) (no “buckshot” complaints). Plaintiff is also advised that an amended complaint supersedes | the original complaint, Lacey v. Maricopa County, 693 F.3d. 896, 907 n.1 (9th Cir. 2012) (en | banc), and must be complete in itself without reference to the prior or superseded pleading, Local | Rule 220. Therefore, in an amended complaint, as in an original complaint, each claim must be | sufficiently alleged. The amended complaint must also state what each named defendant did that | led to the deprivation of Plaintiff's constitutional or other federal rights. Fed. R. Civ. P. 8(a); | Ashcroft v. Igbal, 556 U.S. 662, 678 (2009); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002).

12 | Plaintiff must demonstrate that each defendant personally participated in the deprivation of his | rights. Jones, 297 F.3d at 934 (emphasis added).

14 Accordingly, Plaintiff's motion for leave to file an amended complaint (ECF No. 9) is | GRANTED. Plaintiff may file an amended complaint within thirty (30) days after service of this | order. If Plaintiff fails to file an amended complaint within the thirty-day period, the Court will | screen the original complaint in due course as required by 28 U.S.C. §§ 1915 and 1915A.

19 IT IS SO ORDERED.

20 | Dated: _ March 24, 2021 [see ey — 1 UNITED STATES MAGISTRATE JUDGE