Opinion
Case No. 20cv1109-MMA-BLM
04-22-2021
ALIVER RAMIREZ, Plaintiff, v. R. GUTIERREZ, et al., Defendants.
ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT
[Doc. No. 21]
Plaintiff Aliver Ramirez, a California inmate proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. See Doc. No. 1. Plaintiff requests leave to file a First Amended Complaint "to correct any pleading deficiencies, proper presentation of syntax, sentence construction and facts more congruent to the allegations raised against the three (3) defendants in this case." See Doc. No. 21 at 1. In light of Federal Rule of Civil Procedure 15(a)'s liberal amendment policy and because the time for doing so has not yet expired, see Doc. No. 19, the Court GRANTS Plaintiff leave to file a First Amended Complaint. Plaintiff must file his amended pleading on or before May 28 , 2021 , the deadline set forth in the operative Scheduling Order, id. § 1, or demonstrate good cause if he fails to do so. See Fed. R. Civ. P. Rule 16(b)(4).
The Court advises Plaintiff that his First Amended Complaint must be complete by itself without reference to his original pleading. Defendants not named and any claim not re-alleged in his amended pleading will be considered waived. See CIVLR 15.1; Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) ("[A]n amended pleading supersedes the original."); Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (noting that claims dismissed with leave to amend which are not re-alleged in an amended pleading may be "considered waived if not repled.").
IT IS SO ORDERED. DATED: April 22, 2021
/s/_________
HON. MICHAEL M. ANELLO
United States District Judge