Halajian v. The City of Fresno, et al.

Filing 13

ORDER STRIKING Exhibit and REQUIRING Plaintiff to File Amended Complaint signed by Magistrate Judge Dennis L. Beck on 9/24/2010. Amended Complaint due by 10/18/2010. (Bradley, A)

Halajian v. The City of Fresno, et al.

Doc. 13

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 BARRY HALAJIAN, 9 10 Plaintiff, 11 v. 12 THE CITY OF FRESNO, et al., 13 14 Defendants. 15 16 Plaintiff Barry Halajian ("Plaintiff"), appearing pro se, filed the instant civil rights action 17 on July 30, 2010. On September 14, 2010, the Court ordered Plaintiff to serve his First Amended 18 Complaint. Plaintiff has not yet filed proofs of service. 19 On September 21, 2010, Plaintiff filed a document entitled, "First Amended Complaint 20 Exhibit C." He attaches correspondence with the Fresno Police Department and explains that 21 although Exhibit C was referenced in the First Amended Complaint, it was not attached because 22 of "mistake, inadvertence or excusable neglect." 23 An amended complaint supercedes the original complaint, Forsyth v. Humana, Inc., 114 24 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be 25 "complete in itself without reference to the prior or superceded pleading." Local Rule 220. 26 Therefore, Plaintiff cannot file a separate exhibit and have it be part of the previously 27 filed First Amended Complaint. Accordingly, Document 12 is STRICKEN from the record. 28 1
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UNITED STATES DISTRICT COURT
) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:10cv01358 AWI DLB ORDER STRIKING EXHIBIT AND REQUIRING PLAINTIFF TO FILE AMENDED COMPLAINT

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Plaintiff may file a Second Amended Complaint, which includes ALL exhibits, within twenty (20) days of the date of service of this order. Fed. R. Civ. Proc. 15(a)(1). Plaintiff is reminded that Defendants must be served with the Second Amended Complaint in the manner set forth in the September 14, 2010, order.

IT IS SO ORDERED. Dated: 3b142a

September 24, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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