Trujillo v. Sherman

Filing 14

ORDER GRANTING 12 , 13 Plaintiff's Motions to Supplement and to Amend signed by Magistrate Judge Barbara A. McAuliffe on 2/11/2015. Amended Complaint due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO,

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Plaintiff,
v.
STU SHERMAN, et al.,
Defendants.

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Case No.: 1:14-cv-01401-BAM (PC)
ORDER REGARDING PLAINTIFF’S MOTION
FOR SUPPLEMENT AND MOTION FOR AMEND
(ECF Nos. 12 and 13)

THIRTY-DAY DEADLINE

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Plaintiff Guillermo Trujillo (“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. Plaintiff initiated this action on

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September 8, 2014.

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On December 22, 2014, Plaintiff filed a motion for a supplemental complaint. (ECF No. 10.)

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On January 5, 2011, the Court construed the motion as request to amend the complaint and informed

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Plaintiff that he did not need leave of court to file an amended complaint at the current stage of

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proceedings. The Court directed Plaintiff to file any amended complaint within thirty days following

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service. (ECF No. 11.)

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On January 5, 2015, Plaintiff filed a motion for supplement. (ECF No. 12.) The motion

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appears to be a partially amended complaint with exhibits. On January 20, 2015, Plaintiff filed a

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motion to amend, which also appears to be an amended complaint. (ECF No. 13.)
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Following a review of the pleadings, it is not evident whether Plaintiff intends the Court to

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review both the motion for supplement and motion to amend as a single amended complaint or if he

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intends some other course of action. In an abundance of caution, the Court will grant Plaintiff leave to

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amend his complaint. In so doing, Plaintiff is advised that an amended complaint supersedes the

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original complaint. Lacey v. Maricopa County, 693 F.3d 896, 927 (9th Cir. 2012). Further, any

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amended complaint must be “complete in itself without reference to the prior or superseded pleading.”

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Local Rule 220. Plaintiff therefore will be required to submit a complete amended complaint (and any

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proposed exhibits) in a single filing to the Court.

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Accordingly, it is HEREBY ORDERED that:

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1. Plaintiff’s motions to supplement and to amend are GRANTED;

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2. Plaintiff shall file an amended complaint, which is complete in itself, within thirty (30)

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days following service of this order. The complaint should be clearly labeled “Amended

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Complaint;” and

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3. If Plaintiff fails to file an amended complaint in compliance with this order, this action may
be dismissed for failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 11, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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