ORDER DISMISSING COMPLAINT AND GRANTING PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT
GARY S. AUSTIN, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
"Rule 8(a)'s simplified pleading standard applies to all civil actions, with limited exceptions," none of which applies to section 1983 actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002); Fed. R. Civ. P. 8(a). Pursuant to Rule 8(a), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief. . . ." Fed. R. Civ. P. 8(a). "Such a statement must simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests."
Plaintiff, an inmate in the custody of the California Department of Corrections and Rehabilitation (CDCR) at Corcoran State Prison, bring this civil rights action against defendant CDCR officials employed by the CDCR at Corcoran. Plaintiff brings this as a class action on behalf of other inmates and himself, challenging the conditions of their confinement at Corcoran. None of the other Plaintiffs have signed the complaint.
Plaintiff brings this complaint on behalf of himself and a class that he defines as certain other inmates housed at Corcoran. Pro se prisoner plaintiffs may not bring class actions because they are not adequate class representatives able to fairly present and adequately protect the interests of the class.
Because Plaintiff brings this as a class action, the complaint should therefore be dismissed. Plaintiff will, however, be granted leave to file an amended complaint that includes allegations only as to Plaintiff. Plaintiff is cautioned that his failure to do so will result in a recommendation that this action be dismissed for his failure to obey a court order.
Plaintiff's amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what each named defendant did that led to the deprivation of Plaintiff's constitutional or other federal rights,
Finally, Plaintiff is advised that an amended complaint supercedes the original complaint,
Accordingly, based on the foregoing, it is HEREBY ORDERED that:
IT IS SO ORDERED.