The following excerpt is from Sam v. Delacruz, No. 2:18-cv-0991 AC P (E.D. Cal. 2019):
Plaintiff will be given the opportunity to amend the complaint. If plaintiff chooses to file an amended complaint, it will take the place of his original complaint. See Lacey v. Maricopa County, 693 F.3d 896, 925 (9th Cir. 2012) (stating amended complaint supersedes original complaint). Any amended complaint filed should observe the following:
An amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (a person subjects another to the deprivation of a constitutional right if he does an act, participates in another's act or omits to perform an act he is legally required to do that causes the alleged deprivation).
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