Carreia v. Yates et al
Filing
9
ORDER Denying Motion To Amend Without Prejudice (Doc. 8 ), signed by Magistrate Judge Dennis L. Beck on 8/18/2010. (Original Documents of Docket No. 8 , are enclosed with order.) (Scrivner, E)
<![CDATA[
(PC) Carreia v. Yates et al
Doc. 9
1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Alfred Carreia ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se in this civil rights action. On August 5, 2010, Plaintiff submitted a motion to amend his complaint to include original copies of his CDC Form 602 inmate appeal. Plaintiff is advised that an amended complaint supersedes the original complaint, Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be "complete in itself without reference to the prior or superseded pleading," L. R. 220. Plaintiff is warned that "[a]ll causes of action alleged in an original complaint which are not alleged in an amended complaint are waived." King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981)); accord Forsyth, 114 F.3d at 1474. The Court generally does not accept piecemeal pleadings. Plaintiff was instructed that the Court does not serve as a repository for Plaintiff's evidence. Plaintiff should avoid sending original copies to Court. 1
Dockets.Justia.com
UNITED STATES DISTRICT COURT
ALFRED CARREIA, Plaintiff, v.
CASE NO. 1:10-CV-00692-AWI-DLB PC ORDER DENYING MOTION TO AMEND WITHOUT PREJUDICE (Doc. 8)
JAMES YATES, et al., Defendants. /
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 27 28
Accordingly, it is HEREBY ORDERED that Plaintiff's motion to amend pursuant to Federal Rule of Civil Procedure 15 is DENIED without prejudice. The Clerk of Court is directed to return Plaintiff's original filing, docketed at Docket No. 8, to Plaintiff, if the Clerk has retained it. IT IS SO ORDERED. Dated: 77e0d6
August 18, 2010
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
