Rhodes

Rhodes v. Ford

Bad Law
United States District Court, Northern District of CaliforniaMarch 22, 20214:20-cv-03128California502 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KAVIN MAURICE RHODES, Case No. 20-cv-03128-PJH

Plaintiff,

ORDER

v. 9 Re: Dkt. Nos. 24, 25 D. FORD, et al., Defendants.

12 Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. The operative amended complaint was filed on September 28, 2020, and the court ordered service on October 30, 2020. Plaintiff seeks to add several defendants and claims regarding events in December 2020 and January 2021. Assuming that these claims are fully exhausted, a prisoner may only satisfy the exhaustion requirement as long as he exhausted his administrative remedies prior to filing an amended complaint. See Rhodes v. Robinson, 621 F.3d 1002, 1006 (9th Cir. 2010) (amended complaint raised new claims which arose after the original complaint was filed); Cano v. Taylor, 739 F.3d 1214, 1220–21 (9th Cir. 2014) (amended complaint raised new claims which arose prior to the filing of the initial complaint). These allegations could not have been …

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