1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL WAYNE JOYCE, Case No. 1:24-cv-00422-JLT-BAM (PC) 11 Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS TO DISMISS 12 v. ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, FAILURE TO OBEY 13 PATEL, COURT ORDER, AND FAILURE TO PROSECUTE 14 Defendant. (ECF No. 18)

15 ORDER GRANTING PLAINTIFF AN EXTENSION OF TIME TO FILE AMENDED 16 COMPLAINT

17 THIRTY (30) DAY DEADLINE 18 19 Plaintiff Michael Wayne Joyce (“Plaintiff”) is a former state prisoner proceeding pro se 20 and in forma pauperis in this civil rights action pursuant to

. 21 On October 20, 2025, the Court issued a screening order granting Plaintiff leave to file a 22 first amended complaint or a notice of voluntary dismissal within thirty (30) days. (ECF No. 16.) 23 The Court expressly warned Plaintiff that the failure to comply with the Court’s order would 24 result in a recommendation for dismissal of this action, with prejudice, for failure to obey a court 25 order and for failure to state a claim. (Id.) Following Plaintiff’s failure to file an amended 26 complaint or otherwise communicate with the Court, on December 1, 2025, the Court issued 27 findings and recommendations to dismiss this action, with prejudice, for failure to state a claim, 28 failure to obey a court order, and failure to prosecute. (ECF No. 18.) Plaintiff was directed to file 1 any objections to the findings and recommendations within fourteen (14) days. (Id.) 2 Plaintiff filed a response on December 11, 2025, docketed as Plaintiff’s objections to the 3 findings and recommendations. (ECF No. 19.) Plaintiff appears to state that while he filed this 4 action as a prisoner, he has since been released and now has the medical records to support his 5 claims against Defendant Patel. Plaintiff also states that he has just been released and he is not an 6 attorney. He asks the Court for a fair trial and time to get counsel. (Id.) 7 Having considered Plaintiff’s filing, the Court finds it appropriate to vacate the pending 8 findings and recommendations and grant Plaintiff an extension of time to file an amended 9 complaint or a notice of voluntary dismissal. Under the circumstances, the Court finds that an 10 extension of thirty days is appropriate. 11 Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state what 12 each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556 13 U.S. at 678-79. Although accepted as true, the “[f]actual allegations must be [sufficient] to raise 14 a right to relief above the speculative level . . . .” Twombly, 550 U.S. at 555 (citations omitted). 15 Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated 16 claims in his first amended complaint. George v. Smith,

(7th Cir. 2007) (no 17 “buckshot” complaints). 18 Finally, Plaintiff is advised that an amended complaint supersedes the original complaint. 19 Lacey v. Maricopa Cty.,

(9th Cir. 2012). Therefore, Plaintiff’s amended 20 complaint must be “complete in itself without reference to the prior or superseded pleading.” 21 Local Rule 220. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The findings and recommendations issued on December 1, 2025, (ECF No. 18), are 24 VACATED; 25 2. The Clerk’s Office shall send Plaintiff: 26 a. A complaint form; and 27 b. A copy of the Court’s October 20, 2025 screening order, (ECF No. 16); 28 /// 1 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a first 2 amended complaint curing the deficiencies identified by the Court’s October 20, 2025 3 screening order (or file a notice of voluntary dismissal); and 4 4. If Plaintiff fails to file a first amended complaint in compliance with this order, this 5 action will be dismissed, with prejudice, for failure to obey a court order and failure 6 to state a claim. 7 IT IS SO ORDERED. 8

9 Dated: December 12, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10

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