Thornton v. Perez

Full title: WILLIAM CECIL THORNTON, Plaintiff, v. SONNY PEREZ, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Oct 14, 2011

1:11-cv-01136-JLT (PC) (E.D. Cal. Oct. 14, 2011)

Opinion

1:11-cv-01136-JLT PC

10-14-2011

WILLIAM CECIL THORNTON, Plaintiff, v. SONNY PEREZ, et al., Defendants.

Jennifer L. Thurston

ORDER GRANTING PLAINTIFF'S MOTION TO AMEND

(Doc. 5)

Plaintiff William Cecil Thornton, a state prisoner filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 11, 2010. On August 3, 2011, Plaintiff filed a motion seeking leave to amend to add additional Defendants. (Doc. 5). A this stage in the proceedings, Plaintiff may amend once as a matter of right without leave of court. Fed. R. Civ. P. 15(a)(1). Accordingly, Plaintiff's motion to amend is GRANTED.

Plaintiff is advised that his first amended complaint must be complete within itself without reference to any other pleadings. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987); Local Rule 220. Further, the first amended complaint cannot contain unrelated claims. Plaintiff is notified that "[u]nrelated claims against different defendants belong in different suits, not only to prevent the sort of morass [a multiple claim, multiple defendant] suit produce[s], but also to ensure that prisoners pay the required filing fees-for the Prison Litigation Reform Act limits to 3 the number of frivolous suits or appeals that any prisoner may file without prepayment of the required fees. 28 U.S.C. § 1915(g)." George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007); Fed. R. Civ. P. 18.

Accordingly, it is ORDERED that:

1. Plaintiff's motion to amend is GRANTED; and
2. The Clerk's Office shall send Plaintiff a blank complaint form.

IT IS SO ORDERED.

Jennifer L. Thurston

UNITED STATES MAGISTRATE JUDGE