(PC) Hampton v. Austin

8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA GARY G. HAMPTON, JR., No. 2:20-CV-1001-KJM-DMC-P 12 Plaintiff, 13 v. ORDER LORI W. AUSTIN, et al., 15 Defendants.

17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983.

19 On July 23, 2021, the Court issued an order addressing the sufficiency of Plaintiff’s original complaint and provided Plaintiff an opportunity to file a first amended complaint curing the defects identified in the order. See ECF No. 16. Apparently in response to the Court’s order, Plaintiff filed a document captioned “Order: Request to Amend Complaint; I’ve Been Instructed to Amend My Complaint Within 30 Days From Requested Filed Date of 7- 23-21.” ECF No. 17. In this filing, Plaintiff explains that he has a learning disability and difficulty understanding. See id. Plaintiff then attempts to “connect the dots” to address the defects identified in the Court’s July 23, 2021, screening order. See id. / / / / / / 1 To the extent Plaintiff intends this filing to constitute his first amended complaint, | it cannot do so because it is not complete in itself as required under Eastern District of California | Local Rule 220. In particular, the Court would be required to refer to the original complaint in | order to determine whether Plaintiff has in fact successfully “connected the dots.” As a general | rule, an amended pleading supersedes the prior pleading. See Ferdik v. Bonzalet, 963 F.2d 1258, | 1262 (9th Cir. 1992). Were the Court to consider Plaintiffs current filing an amended complaint, | it would be incomplete and fail to state any claims. The Court will provide Plaintiff additional | time to file a first amended complaint which is complete in itself without reference to the original | complaint. Plaintiff is again cautioned that, if no first amended complaint is filed within the time || provided below, the action will proceed on the original complaint.

11 Accordingly, IT IS HEREBY ORDERED that: 12 1. The Court sua sponte extends the time for Plaintiff to file a first amended | complaint; 14 2. Plaintiff may file a first amended complaint within 45 days of the date of | this order; 16 3. Any first amended complaint shall be complete in itself without reference | to any prior pleading; and 18 4. The Clerk of the Court shall send to Plaintiff the Court’s form civil rights | complaint for prisoners.

21 | Dated: September 7, 2021 Sx<o_- 22 DENNIS M. COTA 23 UNITED STATES MAGISTRATE JUDGE