Ramirez v. Pfeiffer

Background

Narciso Ramirez, a state prisoner confined at Kern Valley State Prison, filed this civil-rights action without a lawyer under 42 U.S.C. § 1983. The court had screened his second amended complaint and dismissed it with permission to amend in an earlier order. Ramirez then requested additional time to file a third amended complaint, citing physical and mental health problems, his need for help from other inmates, and pending matters in another case.

Ramirez also renewed his request for appointment of counsel, which the court had previously denied. The opinion states that he offered no new grounds for reconsidering that decision.

Rulings

The court found good cause and granted Ramirez’s request for additional time. He must file a third amended complaint within 28 days after the order was filed.

The court denied without prejudice Ramirez’s renewed request for appointment of counsel.

The court explained that the third amended complaint would replace the original and earlier amended complaints. Claims omitted from it would no longer be claims, and defendants not named in it would no longer be defendants. The complaint must use the caption and civil case number specified in the order and include the words “THIRD AMENDED COMPLAINT” on its first page.

As an alternative, Ramirez may file a notice stating that he will proceed on the cognizable excessive-force claim against Hernandez, Saetevrn, and Sivongsa and strike all other claims and defendants from the second amended complaint. If he does not timely file either a third amended complaint or that notice, the case will proceed only on the identified excessive-force claim, and all other claims and defendants will be dismissed with prejudice for failure to state a claim for relief. The order also terminated Docket No. 14.