Wilson v. Wever et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. CIV S-09-2191-LKK-CMK-P
SANDRA LEE WEVER, et al.,
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
Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Thus, following dismissal with leave to
amend, all claims alleged in the original complaint which are not alleged in the amended
complaint are waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Therefore, the
court cannot refer to a prior pleading in order to make an amended complaint complete. See
Local Rule 220. An amended complaint must be complete in itself without reference to any prior
pleading. See id. Here, plaintiff states in the second amended complaint: “All allegations in the
original and 1st amended complaint are still alleged.” Plaintiff then adds new factual allegations.
Because the practice of incorporating a prior pleading into an amended pleading is not allowed
the second amended complaint will be dismissed with leave to file a complete amended
complaint which does not reference any prior pleadings. Plaintiff is warned that failure to
comply with this order may result in the dismissal of the action. See Local Rule 110.
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff’s second amended complaint (Doc. 54) is dismissed without
Plaintiff shall file a complete amended complaint ,which sets forth all
allegations in a single pleading without reference to prior pleadings, within 30 days of the date of
November 15, 2011
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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