Redd v. Unknown
Redd v. Unknown
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEPHEN M REDD, Case No. 21-cv-08913-JST
8 Plaintiff, ORDER GRANTING NUNC PRO 9 v. TUNC EXTENSION OF TIME TO FILE AMENDED COMPLAINT; DENYING 10 RON BROOMFIELD, et al., REQUEST TO SUPPLEMENT AMENDED COMPLAINT Defendants. 11 Re: ECF Nos. 38, 40 12
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14 Plaintiff, an inmate at San Quentin State Prison (“SQSP”) has filed a pro se action 15 pursuant to
42 U.S.C. § 1983. On April 19, 2022, the Court dismissed the complaint with leave to 16 amend because the complaint suffered from numerous deficiencies, including a failure to link any 17 named defendant to a constitutional violation, a failure to comply with Fed. R. Civ. P. 8(a)’s 18 requirement of a short and plain statement of the legal claims, and because the complaint violated 19 Fed. R. Civ. P. 20. ECF No. 36. Now pending before the Court are Plaintiff’s request for an 20 extension of time to file his amended complaint, ECF No. 38, and his request that the Court add to 21 his amended complaint two requests for relief and a California law authority, ECF No. 40. 22 Good cause being shown, Plaintiff’s request for an extension of time to file his amended 23 complaint is GRANTED nunc pro tunc. ECF No. 38. His amended complaint, docketed on May 24 19, 2022 at ECF No. 39, is deemed timely filed. 25 Plaintiff’s request to add to his amended complaint is DENIED. ECF No. 40. Piecemeal 26 amendments of pleadings are disfavored. The Court will not piece together Plaintiff’s claims, 27 named defendants, and requests for relief from different pleadings. However, if Plaintiff so 1 present, all of the defendants he wishes to sue, all the requests for relief that he seeks, and all the 2 || legal authority that he wishes to cite. Plaintiff is reminded that an amended complaint completely 3 replaces the previous complaints. See Lacey v. Maricopa Cnty.,
693 F.3d 896, 925(9th Cir. 4 || 2012). Accordingly, Plaintiff must include in his second amended complaint all the claims he 5 || wishes to present, all of the defendants he wishes to sue, and all the relief he requests, including 6 || claims, defendants, and requests for relief presented in prior complaints. Plaintiff may not 7 incorporate material from the prior complaints by reference. 8 If Plaintiff wishes to file a second amended complaint, he shall do so within twenty-eight 9 || (28) days of the date of this order. Failure to file a second amended complaint within the time 10 || provided will result in the amended complaint docketed at ECF No. 39 remaining the operative 11 complaint. The Court will defer screening the amended complaint until after the deadline for 12 || filing a second amended complaint has passed. 5 13 This order terminates ECF Nos. 38 and 40. IT IS SO ORDERED. 3 15 || Dated: June 3, 2022 . '6 □ A. 0 17 ited States District Judge
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Reference
- Status
- Unknown