Trujillo v. Biter
Filing
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ORDER Disregarding Plaintiff's 12 Motion for Presentation of Exhibits, signed by Magistrate Judge Dennis L. Beck on 3/11/15. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GUILLERMO TRUJILLO CRUZ,
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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.
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Plaintiff Guillermo Trujillo Cruz (“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 September 2, 2014.
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The complaint is awaiting screening.
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On March 4, 2015, Plaintiff filed a “Motion for Presentation of Exhibits.” He attaches
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various exhibits such as police reports that do not appear to relate to his original allegations. Under
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Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s pleading once as a
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matter of course at any time before a responsive pleading is served. Otherwise, a party may amend
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only by leave of the court or by written consent of the adverse party, and leave shall be freely given
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when justice so requires. Fed. R. Civ. P. 15(a). In this case, a responsive pleading has not been
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served and Plaintiff has not previously amended his complaint. Therefore, Plaintiff may file an
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amended complaint 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 11, 2015
L. Beck
UNITED STATES MAGISTRATE JUDGE
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