(PC)Lopez v. CDC Director

Opinion

DANIEL LOPEZ, No. 2:21-cv-2094 DAD AC Plaintiff, v. ORDER CDC DIRECTOR, et al., Defendants. Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. By order dated April 25, 2024, the district judge granted plaintiff’s motion for reconsideration and vacated the judgment that was previously entered in this case. ECF No. 15. The same order referred the matter back to the undersigned for the purpose of resetting the deadline for plaintiff to file a first amended complaint. Plaintiff will be granted 30 days to file an amended complaint. In an amended complaint, plaintiff must demonstrate how the conditions about which he complains resulted in a deprivation of his constitutional rights. Rizzo v. Goode, 423 U.S. 362, 370-71 (1976). Also, the complaint must allege in specific terms how each named defendant is involved. Arnold v. Int’l Bus. Machs. Corp., 637 F.2d 1350, 1355 (9th Cir. 1981). There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation. Id.; Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Furthermore, “[v]ague and conclusory allegations of official participation in civil rights violations are not sufficient.” Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982) (citations omitted). Plaintiff is also informed that the court cannot refer to a prior pleading in order to make his amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes any prior complaints. Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967) (citations omitted), overruled in part by Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (claims dismissed with prejudice and without leave to amend do not have to be re-pled in subsequent amended complaint to preserve appeal). Once plaintiff files an amended complaint, any previous complaints no longer serve any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff is granted thirty days from the date of this order in which to file a first amended complaint. 2. Failure to file an amended complaint within the time provided will result in a recommendation that this action be dismissed without prejudice. DATED: May 20, 2024 ~ Cttt0 Lhar—e_ UNITED STATES MAGISTRATE JUDGE