Burruel v. Ahlin et al

Filing 21

ORDER DENYING Plaintiff's 20 Motion to Vacate Screening Order and DIRECTING Clerk of Court to Send Plaintiff Copy of Complaint Filed January 22, 2018, signed by Magistrate Judge Stanley A. Boone on 8/6/18. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MANUEL BURRUEL, III,
Plaintiff,

14

ORDER DENYING PLAINTIFF’S MOTION
TO VACATE SCREENING ORDER AND
DIRECTING CLERK OF COURT TO SEND
PLAINTIFF COPY OF COMPLAINT FILED
JANUARY 22, 2018

Defendants.

12
13

Case No. 1:18-cv-00103-LJO-SAB (PC)

(ECF No. 20)

v.
PAM AHLIN, et al.,

15

THIRTY DAY DEADLINE

16
17
18
19
20
21
22
23
24
25
26
27

Plaintiff Manuel Burruel, III, a civil detainee, is appearing pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983. On July 10, 2018, an order issued finding Plaintiff’s
first amended complaint failed to state a cognizable claim and granting Plaintiff leave to file a second
amended complaint. On August 3, 2018, Plaintiff filed a motion to vacate the screening order and
notifying the Court that he wished to proceed on the claims found cognizable in the original
complaint.
As Plaintiff was advised in the prior screening orders, an amended complaint supersedes the
original complaint. Lacey v. Maricopa Cnty., 693 F.3d 896, 927 (9th Cir. 2012). Even if the Court
was to vacate the screening order, the original complaint has still been superseded, and the operative
pleading is the first amended complaint which fails to state any cognizable claims. If Plaintiff wishes
to proceed on the claims that were cognizable in the original complaint, he must refile the complaint

28

1

1 as a second amended complaint. This Court will then screen the complaint to determine if it states
2 any cognizable claims.
3

Based on the foregoing it is HEREBY ORDERED that:

4

1.

Plaintiff’s motion to vacate the screening order is DENIED;

5

2.

Plaintiff shall file his second amended complaint within thirty days of the date of
service of this order;

6
3.

7

The Clerk of the Court is DIRECTED to send Plaintiff a copy of the complaint, filed
January 22, 2018, (ECF No. 1);

8
4.

9

If Plaintiff fails to file a second amended complaint in compliance with this order, the
Court will recommend that this action will be dismissed for failure to to state a claim.

10
11
12

IT IS SO ORDERED.

13 Dated:

August 6, 2018
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2