Trujillo v. Biter

Filing 14

ORDER Disregarding Plaintiff's 12 Motion for Presentation of Exhibits, signed by Magistrate Judge Dennis L. Beck on 3/11/15. (Verduzco, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GUILLERMO TRUJILLO CRUZ,

12
13
14
15

Plaintiff,
v.
M. BITER, et al.,

Case No. 1:14-cv-01370 DLB PC
ORDER DISREGARDING
PLAINTIFF’S MOTION FOR
PRESENTATION OF EXHIBITS
[ECF No. 12]

Defendants.

16
17

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

18

in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on September 2, 2014.

19

The complaint is awaiting screening.

20

On March 4, 2015, Plaintiff filed a “Motion for Presentation of Exhibits.” He attaches

21

various exhibits such as police reports that do not appear to relate to his original allegations. Under

22

Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s pleading once as a

23

matter of course at any time before a responsive pleading is served. Otherwise, a party may amend

24

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

25

when justice so requires. Fed. R. Civ. P. 15(a). In this case, a responsive pleading has not been

26

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

27

amended complaint without leave of the court.

28

In addition, Plaintiff is advised that Local Rule 220 requires that an amended complaint be
1

1

complete in itself without reference to any prior pleading. As a general rule, an amended complaint

2

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

3

Plaintiff files an amended complaint, the original pleading no longer serves any function in the case.

4

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

5

each Defendant must be sufficiently alleged.

6

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

7

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

8

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

9
10
11
12

IT IS SO ORDERED.
Dated:

/s/ Dennis

March 11, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2