Trujillo v. Rodriguez

Filing 11

ORDER Granting Plaintiff's Motion To Supplement Complaint (Document 10 ), signed by Magistrate Judge Dennis L. Beck on 12/29/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO C. TRUJILLO,

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Plaintiff,

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Case No. 1:14-cv-01371 DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION TO SUPPLEMENT COMPLAINT

v.
(Document 10)

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RODRIGUEZ,

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Defendant.

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

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and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff’s September 2,

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2014, complaint is awaiting screening.1
On December 24, 2014, Plaintiff filed a motion to file a “supplemental” complaint pursuant

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to Federal Rule of Civil Procedure 15(a).
Under Rule 15(a) of the Federal Rules 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, a

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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). In this case, a responsive

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pleading has not been served and Plaintiff has not previously amended his complaint. Therefore,

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Plaintiff may file an amended complaint without leave of the court.

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Plaintiff consented to the jurisdiction of the United States Magistrate on September 15, 2014.

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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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IT IS SO ORDERED.
Dated:

/s/ Dennis

December 29, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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