(PC) Maldonado v. State of CA

6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA BILLY RAE SHANEE MALDONADO, Case No. 2:21-cv-02172-KJM-JDP (PC) 10 Plaintiff, ORDER THAT PLAINTIFF: 11 v. (1) STAND BY HIS COMPLAINT SUBJECT TO A STATE OF CALIFORNIA, et al., RECOMMENDATION THAT HIS APPLICATION TO PROCEED IN 13 Defendants. FORMA PAUPERIS BE DENIED, OR 14 (2) FILE AN AMENDED COMPLAINT WHOSE 15 ALLEGATIONS MAKE A SHOWING OF IMMINENT DANGER ECF No. 1 THIRTY-DAY DEADLINE Plaintiff has filed a complaint, ECF No. 1, and a request to proceed in forma pauperis, ECF No. 2. He is, however, a “three-striker” within the meaning of Title 28 U.S.C. § 1915(g).

He has, in other words, filed three cases that have been dismissed for failure to state a claim.

Plaintiff has filed at least three cases that have been dismissed for failure to state a claim: (1) Maldonado v. Yates, No. 1:11-cv-01735-LJO-GSA (E.D. Cal. Jun. 13, 2013); (2) Maldonado v. Trimble, No. 1:11-cv-02160-LJO-DLB (E.D. Cal. Apr. 19, 2013); (3) Maldonado v. Yates, No. 1:11-cv-01885-AWI-JLT (E.D. Cal. Jan. 17, 2014).

1 Plaintiff will still be allowed to proceed in forma pauperis if he is in imminent danger of | serious physical injury. The allegations in his complaint, however, do not make that showing. I | cannot make out the substance of plaintiff's allegations because his handwriting 1s illegibly dense.

4 | Thus, I cannot conclude that plaintiff is imminent danger. I will allow him to file an amended | complaint that legibly describes his claims. I will defer ruling on plaintiffs application to | proceed in forma pauperis until either he files an amended complaint or the deadline for doing so | has passed.

8 If plaintiff decides to file an amended complaint, the amended complaint will supersede | thecurrent complaint. See Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en | banc). This means that the amended complaint will need to be complete on its face without || reference to the prior pleading. See E.D. Cal. Local Rule 220. Once an amended complaint is | filed, the current complaint no longer serves any function. Therefore, in an amended complaint, | as in an original complaint, plaintiff will need to assert each claim and allege each defendant’s | involvement in sufficient detail. The amended complaint should be titled “First Amended | Complaint” and refer to the appropriate case number.

16 Accordingly, it is ORDERED that: 17 1. Within thirty days from the service of this order, plaintiff must either file an | amended complaint or advise the court he wishes to stand by his current complaint. If he selects | the latter option, I will recommend that his application to proceed in forma pauperis be denied | and that he be made to pay the filing fee before this action can proceed.

21 2. The Clerk of Court is directed to send plaintiff a complaint form.

73 IT IS SO ORDERED.

24 ( q Sty — Dated: _ April 25, 2022 □□ 25 JEREMY D,. PETERSON 26 UNITED STATES MAGISTRATE JUDGE