Harris v. Rios et al

Filing 45

ORDER granting 44 Motion to Amend the Complaint signed by Magistrate Judge Michael J. Seng on 6/14/2011. Fourth Amended Complaint due by 7/20/2011. (Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANTE ROLANDO HARRIS, Plaintiff, 10 11 CASE NO. 1:09-cv-781-MJS (PC) ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT v. (ECF No. 44) 12 13 H.A. RIOS, JR., et al. PLAINTIFF’S FOURTH AMENDED COMPLAINT DUE JULY 20, 2011 Defendants. / 14 15 Plaintiff Dante Rolando Harris (“Plaintiff”) is a state prisoner proceeding pro se and 16 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court 17 is Plaintiff’s Motion for Fourth Amended Complaint. (ECF No. 44.) Plaintiff seeks leave 18 to file a fourth amended complaint that “will encompass retaliatory actions by named 19 parties and additional parties.” (Id.) 20 On April 5, 2011, the Court screened Plaintiff’s Second Amended Complaint and 21 found that he had stated claims for violation of his rights under the First Amendment for 22 interference with his mail. The Court granted Plaintiff leave to amend his complaint to 23 attempt to attribute additional wrongs to the named Defendants and cure deficiencies in 24 his other claims. (ECF No. 42.) Plaintiff then filed a Third Amended Complaint which the 25 Court has yet to screen. 26 Because the Federal Rules allow for liberal amendments of the pleadings, see Fed. 27 R. Civ. P. 15, the Court will allow Plaintiff to file a fourth amended complaint. However, 28 1 1 Plaintiff is warned that any attempt to include claims and/or defendants that are not related 2 to the events central to his prior complaints will be dismissed. Plaintiff was previously 3 warned that “although he has been given leave to amend, it is only for the purposes of 4 amending the current claims, not for adding new claims or defendants. Plaintiff should 5 focus the amended complaint on the main issues illustrated herein.” (ECF No. 42 at 11.) 6 Plaintiff must heed this warning when drafting his fourth amended complaint. The Court 7 will not look favorably upon any attempts to broaden the scope of this litigation. If Plaintiff 8 wants to assert additional unrelated claims, he is free to do so in a separate legal action. 9 Accordingly, Plaintiff’s Motion for Leave to Amend is GRANTED. Plaintiff’s fourth 10 amended complaint shall be filed not later than July 20, 2011. 11 12 13 14 IT IS SO ORDERED. 15 Dated: ci4d6 June 14, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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