Chavez v. Granado

Filing 45

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/26/13 ORDERING that 43 Motion to Amend the Complaint is GRANTED; Within 30 days, plaintiff may amend his original complaint by substituting the name M. Barnett for John Doe 1. Plaintiffs original complaint is dismissed. All discovery deadlines concerning plaintiffs claims against defendant Granadoz remain in effect. Plaintiff will be permitted time to conduct discovery with respect to any claims against defendant Barnett which survive the screening process.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CHAVEZ,

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Plaintiff,

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No. 2:11-cv-1015 WBS CKD P

v.

ORDER

GRANADOZ,

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Defendant.

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Plaintiff has filed a motion for leave to file an amended complaint so that he may

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substitute the name M. Barnett for John Doe 1. Defendant Granadoz does not object. Good

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cause appearing, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion for leave to file an amended complaint (ECF NO. 43) is granted.

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Within 30 days, plaintiff may amend his original complaint by substituting the name M. Barnett

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for John Doe 1. Plaintiff’s failure to file an amended complaint will result in dismissal of this

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action. After plaintiff’s amended complaint is filed, the court will screen it pursuant to 28 U.S.C.

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§ 1915A(a). The amended complaint must bear the docket number assigned this case and must be

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labeled “Amended Complaint.”1

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Plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff’s
amended complaint complete. Local Rule 220 requires that an amended complaint be complete
in itself without reference to any prior pleading. This is because, as a general rule, an amended
complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967).
Once plaintiff files an amended complaint, the original pleading no longer serves any function in
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2. Plaintiff’s original complaint is dismissed.

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3. All discovery deadlines concerning plaintiff’s claims against defendant Granadoz

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remain in effect. Plaintiff will be permitted time to conduct discovery with respect to any claims

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against defendant Barnett which survive the screening process.

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Dated: September 26, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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chav1015.mta

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the case. Therefore, in an amended complaint, as in an original complaint, each claim and the
involvement of each defendant must be sufficiently alleged.
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