Wilson v. Wever et al

Filing 55

ORDER signed by Magistrate Judge Craig M. Kellison on 11/15/2011 ORDERING that plaintiff's second amended complaint is DISMISSED without prejudice; and plaintiff shall file a complete amended complaint within 30 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE WILSON,

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No. CIV S-09-2191-LKK-CMK-P

Plaintiff,
vs.

ORDER

SANDRA LEE WEVER, et al.,
Defendants.
/
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42
U.S.C. § 1983. Pending before the court is plaintiff’s second amended complaint (Doc. 54).
As a general rule, an amended complaint supersedes the original complaint. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Thus, following dismissal with leave to

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amend, all claims alleged in the original complaint which are not alleged in the amended

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complaint are waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Therefore, the

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court cannot refer to a prior pleading in order to make an amended complaint complete. See

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Local Rule 220. An amended complaint must be complete in itself without reference to any prior

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pleading. See id. Here, plaintiff states in the second amended complaint: “All allegations in the

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original and 1st amended complaint are still alleged.” Plaintiff then adds new factual allegations.
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Because the practice of incorporating a prior pleading into an amended pleading is not allowed

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the second amended complaint will be dismissed with leave to file a complete amended

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complaint which does not reference any prior pleadings. Plaintiff is warned that failure to

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comply with this order may result in the dismissal of the action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s second amended complaint (Doc. 54) is dismissed without

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Plaintiff shall file a complete amended complaint ,which sets forth all

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prejudice; and

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allegations in a single pleading without reference to prior pleadings, within 30 days of the date of
this order.

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DATED:

November 15, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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