Aaron v. Cano et al

Filing 11

ORDER Re Motions 8 , 9 , 10 , signed by Magistrate Judge William M. Wunderlich on 2/10/09: Plaintiff's Motions are GRANTED; First Amended Complaint due by 3/16/2009. (Attachments: # 1 Civil Rights Complaint Form)(Hellings, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Plaintiff has filed motions titled as motions to expedite and motion requesting a first amended complaint. Plaintiff "requests a first amended complaint to correct deficiencies and raise new claims." Pursuant to Federal Rule of Civil Procedure 15(a), Plaintiff is granted leave to file an amended complaint. Plaintiff's motions, construed as a motion for leave to file an amended complaint, are granted. In addition, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 15-220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original S. CANO, et al., Defendants. vs. GEORGE AARON, JR., Plaintiff, 1: 08 CV 0664 AWI WMW PC ORDER RE MOTIONS (DOCS 8, 9, 10) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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complaint, each claim and the involvement of each defendant must be sufficiently alleged. In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for leave to file an amended complaint is granted; and 2. Plaintiff is granted thirty days from the date of service of this order to file a first amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the amended complaint must bear the docket number assigned this case and must be labeled "First Amended Complaint."

IT IS SO ORDERED. Dated: February 10, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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