(PC) Avila v. Felder

Opinion

1 2 3 4 5 6 7 10 11 ANDREW AVILA, Case No. 1:21-cv-01510-JLT-BAM (PC) 12 Plaintiff, ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO 13 v. FILE SECOND AMENDED COMPLAINT

14 FELDER, et al., (ECF No. 30)

15 Defendants. THIRTY (30) DAY DEADLINE

16 17 Plaintiff Andrew Avila (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On January 23, 2025, the Court directed Plaintiff to file a second amended complaint 20 within thirty days. (ECF No. 29.) Currently before the Court is Plaintiff’s February 18, 2025 21 motion for an extension of 120 days (or from February 23, 2025 to May 23, 2025) to file the 22 second amended complaint. (ECF No. 30.) Plaintiff states that there is good cause for the 23 extension because he struggles to see, he is untrained in the law, and he is incarcerated with 24 limited access to legal resources. (Id.) 25 Having considered the request, the Court finds good cause to grant, in part, the requested 26 extension of time. Fed. R. Civ. P. 6(b). However, the Court finds that an extension of thirty days, 27 rather than 120 days, is reasonable under the circumstances. 28 /// 1 Plaintiff is reminded that his second amended complaint should be brief, Fed. R. Civ. P. 2 8(a), but it must state what each named defendant did that led to the deprivation of Plaintiff’s 3 constitutional rights, Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009). Although accepted as true, 4 the “[f]actual allegations must be [sufficient] to raise a right to relief above the speculative 5 level . . . .” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations omitted). 6 Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated 7 claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no 8 “buckshot” complaints). 9 Finally, Plaintiff is advised that an amended complaint supersedes the original complaint. 10 Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff’s amended 11 complaint must be “complete in itself without reference to the prior or superseded pleading.” 12 Local Rule 220. 13 Accordingly, it is HEREBY ORDERED that: 14 1. Plaintiff’s motion for extension of time, (ECF No. 30), is GRANTED IN PART; 15 2. The Clerk’s Office shall send Plaintiff a complaint form; 16 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a second 17 amended complaint, or file a notice of voluntary dismissal pursuant to Federal Rule of 18 Civil Procedure 41(a)(1)(A)(ii); and 19 4. If Plaintiff fails to file a second amended complaint in compliance with this order, 20 the Court will recommend dismissal of this action, with prejudice, for failure to obey 21 a court order and for failure to state a claim. 22 IT IS SO ORDERED. 23

24 Dated: February 19, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 25

26 27 28