Ramsey v. Thompson

Summary

The court grants pro se plaintiff Daniel C. Ramsey leave to file a second amended complaint in his 42 U.S.C. § 1983 action concerning his transfer between California correctional facilities and alleged deliberate indifference, failure to protect, and due process violations. The court recommends denying as moot the defendant’s motion for partial dismissal of the first amended complaint because the forthcoming pleading may supersede it. The order provides instructions for filing the second amended complaint and sets deadlines for objections and filing.

Holdings

1. Leave to file a second amended complaint should be granted because the proposed amendment would clarify a meaningful alleged error, was sought promptly, would not prejudice Defendants, was not shown to be futile or brought in bad faith, and would not cause undue delay.
2. Plaintiff must file a complete second amended complaint rather than amend by motion or supplementation, and the second amended complaint will supersede the first amended complaint and all earlier pleadings.
3. The court recommended that Defendant Thompson's motion for partial dismissal be denied as moot because it addressed a complaint that would be superseded by the second amended complaint.

Questions Presented

1. Whether Plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file a second amended complaint correcting an alleged meaningful error in the first amended complaint.
2. Whether Defendant Thompson's motion for partial dismissal of the first amended complaint should be denied as moot because the first amended complaint would be superseded by a second amended complaint.
3. What pleading requirements and limitations should govern Plaintiff's second amended complaint.

Disposition

other