Lawrie v. Allison et al

Filing 13

ORDER Striking 12 Motion to Allow Declaration of James Leroy Moses, Sr., signed by Magistrate Judge Sandra M. Snyder on 9/6/11. (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 MOTION TO ALLOW
DECLARATION OF JAMES LEROY MOSES,
SR.

v.
KATHLEEN ALLISON, et al.,

(ECF No. 12)

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 September 1, 2011, Plaintiff filed a motion to allow declaration of James

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Leroy Moses, Sr. to support Plaintiff’s complaint. (ECF No. 10.)

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Local Rule 220 provides, in relevant part, every pleading shall be “complete in itself without

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reference to the prior or superseded pleading.” Plaintiff seeks to submit an exhibit to the complaint.

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However, under Rule 220, Plaintiff may not amend the complaint by adding information or exhibits

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piecemeal after the complaint has been filed. An amended complaint supercedes the original

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complaint, Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d

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565, 567 (9th Cir. 1987), and must be “complete in itself without reference to the prior or superceded

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pleading.” Local Rule 220. To add the exhibit, Plaintiff must file a new, amended complaint. Once

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an amended complaint is filed, the original complaint no longer serves any function in the case.

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Therefore, in an amended complaint, as in an original complaint, each claim and the involvement

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of each defendant must be sufficiently alleged.
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Under Rule 15(a) of the Federal Rule of Civil Procedure, a party may amend the party’s

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pleading once as a matter of course at any time before a responsive pleading is served. Otherwise,

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a party may amend only by leave of the court or by written consent of the adverse party, and leave

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shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Because Plaintiff has not

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amended the Complaint, and no responsive pleading has been served in this action, Plaintiff has

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leave to file an amended complaint as a matter of course.

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Plaintiff is advised that for screening purposes, the Court must assume that Plaintiff’s factual

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allegations are true. Therefore, it is generally unnecessary for Plaintiff to submit exhibits in support

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of the allegations in a complaint.

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Accordingly, Plaintiff’s motion to allow declaration of James Leroy Moses, Sr., filed
September 1, 2011, is STRICKEN from the record.

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IT IS SO ORDERED.
Dated:
icido3

September 6, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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