Risenhoover v. Tulare County Sheriff's Dept., et al.

Filing 8

ORDER DISDREGARDING 5 Motion to Amend the Complaint, signed by Magistrate Judge Sheila K. Oberto on 01/8/18. (Attachments: # 1 Amended Complaint Form) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ALLEN RISENHOOVER,

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Plaintiff,

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v.
TULARE COUNTY SHERIFF’S
DEPARTMENT, et al.,

No. 1:17-cv-01696-AWI-SKO (PC)
ORDER ON PLAINTIFF=S
MOTION TO AMEND
(Doc. 5)

Defendants.

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Plaintiff, Michael Allen Risenhoover, 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. On January 2, 2018, plaintiff
filed a motion seeking leave to file an amended complaint.
Plaintiff may amend once as a matter of right before service of a responsive pleading by

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defendants. Fed. R. Civ. P. 15(a). Because plaintiff has not previously amended his complaint
and defendants have not filed a responsive pleading, plaintiff may file an amended complaint
without permission from the Court. Plaintiff must, however, file a new pleading as an amended
complaint supercedes the original complaint, Lacey v. Maricopa County, Nos. 09-15806, 0915703, 2012 WL 3711591, at *1 n.1 (9th Cir. Aug. 29, 2012) (en banc), and the amended
complaint must be “complete in itself without reference to the prior or superceded pleading,”
Local Rule 220.
Accordingly, Plaintiff’s motion to amend is HEREBY disregarded as unnecessary and the

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Clerk’s Office shall send Plaintiff a civil rights complaint form.
IT IS SO ORDERED.

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Dated:

January 8, 2018

/s/
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Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE
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