Presas v. Watchtower Bible and Tract Society of New York et al

Filing 21

ORDER STRIKING Plaintiff's Third Amended Complaint and Allowing Plaintiff to File a Third Amended Complaint. Within 30 days of service of this order, Plaintiff may file a Third Amended Complaint that sets forth all Plaintiff's all egations and claims against all defendants in one single document; and if Plaintiff fails to file a Third Amended Complaint, the Court will recommend dismissal of this action with prejudice. Order signed by Magistrate Judge Sheila K. Oberto on 4/1/2015. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COSME PRESAS,

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v.

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CASE NO. 1:14-cv-01740-LJO-SKO

Plaintiff,

WATCHTOWER BIBLE AND TRACT
SOCIETY OF NEW YORK, et al.,

ORDER STRIKING PLAINTIFF’S THIRD
AMENDED COMPLAINT AND
ALLOWING PLAINTIFF TO FILE A
THIRD AMENDED COMPLAINT
(Doc. 14)

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Defendants.
_____________________________________/

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On November 7, 2014, Plaintiff Cosme Presas (“Plaintiff”), a state prisoner proceeding pro

20 se and in forma pauperis, filed this action against Defendants Watchtower Bible and Tract Society
21 (“the Society”), Olivia Moreno, Wayne Frazee, and several Doe defendants

(collectively

22 “Defendants”). (Doc. 1.)
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On February 26, 2015, Plaintiff filed a motion to amend the complaint and concurrently

24 filed a Second Amended Complaint. (Docs. 14, 15.) This motion was granted, and the Court
25 accepted Plaintiff’s Second Amended Complaint as filed. (Doc. 16.)
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On March 3, 2015, Plaintiff filed a Third Amended Complaint without requesting leave to

27 amend his complaint. (Doc. 19.) After the first amendment, Plaintiff may amend his pleading
28 only with the opposing parties’ written consent or with the Court’s leave. Fed. R. Civ. P. 15(a).

1 Plaintiff’s Third Amended Complaint was filed without permission from the Court, and it shall be
2 stricken. Moreover, the Third Amended Complaint is not itself complete, but incorporates by
3 references allegations from the Second Amended Complaint.
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As it is clear that Plaintiff wishes to make changes to his Second Amended Complaint, the

5 Court will permit Plaintiff one final opportunity to set forth his claims in an amended complaint.
6 Plaintiff is reminded that an amended complaint supersedes any prior filed complaint. As such,
7 the amended complaint must be complete itself and may not reference prior complaints which no
8 longer serve any function in the case. This will be Plaintiff’s final opportunity to amend to state a
9 cognizable claim.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff's Third Amended Complaint is STRICKEN;

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2.

Within 30 days of service of this order, Plaintiff may file an Third Amended

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Complaint that sets forth all Plaintiff’s allegations and claims against all defendants

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in one single document; and

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3.

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If Plaintiff fails to file a Third Amended Complaint, the Court will recommend
dismissal of this action with prejudice.

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IT IS SO ORDERED.
Dated:

April 1, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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