(PC) Wuco v. Unknown

Opinion

1 2 3 4 5 6 7 10 11 DAVID WILLIAM WUCO, Case No.: 1:23-cv-00572-KES-SKO (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S 13 v. REQUEST OF MARCH 28, 2025

14 JOHN DOE, et al., (Doc. 19) 15 Defendants. 16 17 Plaintiff David William Wuco is proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. 20 On October 3, 2023, Plaintiff filed his first amended complaint. (Doc. 14.) On September 21 13, 2024, this Court issued Findings and Recommendations to Dismiss Certain Claim. (Doc. 16.) 22 The undersigned recommended this action proceed on Plaintiff’s Eighth Amendment excessive 23 force claim against John Doe, and Eighth Amendment deliberate indifference to serious medical 24 needs claims against John Doe and Jane Doe, with the remaining claim to be dismissed. (Id. at 3- 25 8.) Plaintiff was warned that any objections were due within 14 days. (Id. at 8.) Plaintiff did not 26 file objections. Those Findings and Recommendations remain pending resolution before District 27 Judge Kirk E. Sherriff. 2 In his filing of March 28, 2025, Plaintiff states he wants to amend his “claim to state that 3 [he is] seeking ‘$280,000.00 in [punitive] damages as well as anything the Court deems 4 appropriate as compensation.’” He states he does not “want to change anything else,” but needs a 5 “copy of [his] claim to cite.” Further, Plaintiff asserts he does not have the funds to pay for the 6 copy and asks the Court to provide “a phone number to give [his] family” so they may make the 7 copy request on his behalf. (See Doc. 19.) 8 First, the Clerk’s Office generally provides copies at a cost of $0.50 per page. However, 9 the Court will direct the Clerk of the Court to send Plaintiff a copy of his first amended complaint 10 as a one-time courtesy. 11 Second, Plaintiff is advised that Rule 15 of the Federal Rules of Civil Procedure pertains 12 to amended pleadings. Plaintiff should consult Rule 15 before submitting any amended complaint 13 to ensure compliance with that rule. Further, this Court’s Local Rule 220 also applies. The Local 14 Rules can be accessed online at https://www.caed.uscourts.gov/caednew/index.cfm/rules/local- 15 rules/. 16 Next, as noted above, following screening of Plaintiff’s first amended complaint, the 17 undersigned issued Findings and Recommendations on September 13, 2024, recommending this 18 action proceed only on Plaintiff’s Eighth Amendment excessive force claim against John Doe, 19 and Eighth Amendment deliberate indifference to serious medical needs claims against John Doe 20 and Jane Doe, and that Plaintiff’s Eighth Amendment excessive force claim against Jane Doe be 21 dismissed. (See Doc. 16.) As Plaintiff was previously advised, Judge Sherriff will issue an order, 22 either adopting the undersigned’s recommendations or declining to do so. (See Doc. 18 at 2-3.) 23 Until Judge Sherriff’s order issues, an amended complaint is premature. 24 Lastly, Plaintiff is reminded that an amended complaint supersedes the original complaint. 25 Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, an amended complaint 26 must be “complete in itself without reference to the prior or superseded pleading.” Local Rule 27 220. And, assuming Plaintiff seeks to file an amended complaint in the future, any second 2 For the foregoing reasons, the Court HEREBY ORDERS: 3 1. The Clerk of the Court is directed to send Plaintiff a copy of his first amended 4 complaint (Doc. 14) as a one-time courtesy; and 5 2. Plaintiff’s request of March 28, 2025 (Doc. 19) is resolved. 6 IT IS SO ORDERED. 7

8 Dated: April 2, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 9

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