Quair v. Gertz

Filing 77

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/06/15 granting 76 Motion to Amend the Complaint. No later than 30 days from the date of this order, plaintiff shall file an amended complaint in Case No. 2:11-cv-2293 JAM CKD P. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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No. 2:11-cv-2293 JAM CKD P

Plaintiff,
v.

ORDER

GERTZ, et al.,

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Defendants.

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Plaintiff has filed a motion to amend the complaint in this action to add new defendants.

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(ECF No. 76.) On November 20, 2014, in light of the procedural history of this case, plaintiff

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was ordered to file an amended complaint within thirty days. (ECF No. 74.) Construing

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plaintiff’s motion as seeking an extension of time to file an amended complaint, the court will

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grant the motion.

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Plaintiff is informed that the court cannot refer to a prior pleading in order to make

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plaintiff’s amended complaint complete. Local Rule 220 requires that an amended complaint be

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complete in itself without reference to any prior pleading. This is because, as a general rule, an

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amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th

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Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any

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function in the case. Therefore, in an amended complaint, as in an original complaint, each claim

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and the involvement of each defendant must be sufficiently alleged.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 76) is granted

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as follows: No later than thirty days from the date of this order, plaintiff shall file an amended

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complaint in Case No. 2:11-cv-2293 JAM CKD P.

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Dated: January 6, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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