Lawrie v. Allison et al

Filing 11

ORDER Striking Special Amendment to Add Plaintiff 10 , signed by Magistrate Judge Sandra M. Snyder on 8/31/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MATTHEW ALAN LAWRIE,

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Plaintiff,

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CASE NO. 1:11-cv-00947-SMS PC
ORDER STRIKING SPECIAL AMENDMENT
TO ADD NEW PLAINTIFF

v.
(ECF No. 10)

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KATHLEEN ALLISON, et al.,
Defendants.
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Plaintiff Matthew Alan Lawrie (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint in this action was

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filed on May 25, 2011. On August 26, 2011, Plaintiff filed a Special Amendment to Add a New

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Plaintiff. (ECF No. 10.)

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An amended complaint supercedes the original complaint, Forsyth v. Humana, Inc., 114 F.3d

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1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be

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“complete in itself without reference to the prior or superceded pleading.” Local Rule 220.

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Under Local Rule 220, Plaintiff cannot amend the original complaint simply by attaching

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documents to it. Moreover, the Court cannot add exhibits to the record by attaching them to

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documents already filed. Therefore, to amend the complaint, Plaintiff must submit a first amended

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complaint which is complete in itself.

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Additionally, Plaintiff is not an attorney and he is proceeding without counsel. While a non-

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attorney proceeding pro se may bring his own claims to court, he may not represent others. E.g.,

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Simon v. Hartford Life, Inc., 546 F.3d 661, 664-65 (9th Cir. 2008); Fymbo, 213 F.3d at 1321; Johns
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v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997); C. E. Pope Equity Trust v. United States,

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818 F.2d 696, 697 (9th Cir. 1987).

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Accordingly, Plaintiff’s Special Amendment to Add a New Plaintiff, filed August 26, 2011,
is STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:
icido3

August 31, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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