Trujillo v. Gomez et al

Filing 9

ORDER Granting 5 Motion to File Amended Complaint, signed by Magistrate Judge Dennis L. Beck on 12/19/14. (Verduzco, M)

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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.
GOMEZ, et al.,

Case No. 1:14-cv-01797 DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION TO FILE AMENDED
COMPLANT
(Document 5)

Defendants.

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

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 17, 2014. The

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complaint is awaiting screening.

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On December 8, 2014, Plaintiff filed a motion to file a “supplemental” complaint pursuant 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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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 19, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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