Trujillo v. Munoz

Filing 12

ORDER Disregarding Plaintiff's 11 Motion for Exhibits signed by Magistrate Judge Dennis L. Beck on 03/03/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

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Plaintiff,

Case No. 1:14-cv-00976 DLB PC
ORDER DISREGARDING
PLAINTIFF’S MOTION FOR EXHIBITS

v.
[ECF No. 11]

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MUNOZ, et al.,
Defendants.

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Plaintiff Guillermo Cruz Trujillo (“Plaintiff”) is a California state prisoner proceeding pro se

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in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 23, 2014. The

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complaint is awaiting screening.

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On February 23, 2015, Plaintiff filed a “motion for exhibits.” He attaches various exhibits

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such as police reports that do not appear to relate to his original allegations. Under Rule 15(a) of the

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Federal Rules of Civil Procedure, a party may amend the party’s pleading once as a matter of course

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at any time before a responsive pleading is served. Otherwise, a party may amend only by leave of

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the court or by written consent of the adverse party, and leave shall be freely given when justice so

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requires. Fed. R. Civ. P. 15(a). In this case, a responsive pleading has not been served and Plaintiff

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has not previously amended his complaint. Therefore, Plaintiff may file an amended complaint

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without leave of the court.

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In addition, Plaintiff is advised that Local Rule 220 requires that an amended complaint be
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complete in itself without reference to any prior pleading. As a general rule, an amended complaint

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supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once

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Plaintiff files an amended complaint, the original pleading 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 of

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each Defendant must be sufficiently alleged.

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Plaintiff’s motion to file exhibits is DISREGARDED and the Clerk of Court is instructed to

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return the documents to Plaintiff. Plaintiff is advised that he may file an amended complaint if he so

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chooses and attach relevant exhibits, but the Court will not docket exhibits separately.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 3, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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