United States District Court, D. South Carolina, Rock Hill Division
Francisco K. Avoki, Plaintiff,
City of Chester, South Carolina; Police Department of Chester, South Carolina; Hy-Gloss Paint & Body Shop, Inc.; Cpl. Robert Martz; Ptl. Tyler Covington; Does I-XXX; George Caldwell, Defendants.
J. GOSSETT UNITED STATES MAGISTRATE JUDGE
a civil rights action filed by Plaintiff, Francisco K. Avoki.
By order dated January 10, 2020, the court severed claims
filed by Prisca Avoki and William Avoki from this matter.
(ECF No. 74.) As explained in that order, this matter
concerns only Francisco Avoki's claims that the City of
Chester and Hy-Gloss Paint & Body Shop, Inc. violated his
civil rights in 2018 by impounding or towing his vehicles in
retaliation for filing a previous lawsuit.
Avoki seeks leave of the court to file a proposed second
amended complaint. (ECF No. 51.) In his proposed second
amended complaint, Francisco Avoki seeks to add claims and
defendants related to a tax sale of his house; the arrest of
his son, William Avoki; and the conditions of William
court concludes that Francisco Avoki's claims about the
tax sale of his house or William Avoki's arrest and
confinement are not proper in this case. See Rule
20(a)(2) (providing a plaintiff may bring a claim against
multiple defendants if “any right to relief is asserted
against them jointly, severally, or in the alternative with
respect to or arising out of the same transaction,
occurrence, or series of transactions or occurrences; and any
question of law or fact common to all defendants will arise
in the action.”); Owens v. Hinsley, 635 F.3d
950, 952 (7th Cir. 2011) (providing that where a plaintiff
fails to observe the requirements of Federal Rule of Civil
Procedure 20(a)(2) with respect to joinder of parties,
unrelated claims against different defendants belong in
separate lawsuits, and the action may be severed into
separate lawsuits, or the improperly joined defendants may be
dismissed). Accordingly, Francisco Avoki's motion to
amend his complaint, as proposed, is denied.
Francisco Avoki's motion is denied without prejudice to
file a second amended complaint with respect to the
impounding and towing of his vehicle. Francisco Avoki
may not include claims related to the tax sale of his house,
William Avoki's arrest and confinement, or any other
claims that have been severed by the
court. Francisco Avoki is reminded that an
amended complaint replaces the original complaint and should
be complete in itself. See Young v. City of Mount
Ranier, 238 F .3d 567, 572 (4th Cir. 2001) (“As a
general rule, an amended pleading ordinarily supersedes the
original and renders it of no legal effect.”) (citation
and internal quotation marks omitted); see also 6
Charles Alan Wright et al., Federal Practice and
Procedure § 1476 (3d ed. 2017) (“A pleading that
has been amended under Rule 15(a) supersedes the pleading it
modifies and remains in effect throughout the action unless
it subsequently is modified. Once an amended pleading is
interposed, the original pleading no longer performs any
function in the case . . .”). Therefore, any second
amended complaint should include all of Francisco Avoki's
claims and allegations about the towing of his vehicles,
subject to the limitations imposed by the court in the order
severing the cases and in this order.
is hereby granted fourteen (14) days from
the date this order is entered (plus three days for mail
time) to file a second amended complaint pursuant to Federal
Rule of Civil Procedure 15(a).
IS SO ORDERED.
INFORMATION . . . PLEASE READ CAREFULLY WARNING TO PRO SE
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Personal information protected by Rule 5.2(a):
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(b) Names of Minor Children. If the
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