Parthemore v. Kissel, et al

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 5/29/13 ORDERING that 5 Motion to Proceed IFP is GRANTED; 11 Motion for authorization is GRANTED; Plaintiff shall file an amended complaint within thirty days from the date of this order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IRA DON PARTHEMORE,

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No. 2:13-cv-0819 AC P

Plaintiff,

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v.

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B. KISSEL, et al.,

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ORDER

Defendant.

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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42

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U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §

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636(b)(1).

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Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C.
§ 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff has also filed a motion for authorization to file a supplemental pleading.

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ECF No. 11. The supplemental pleading submitted by plaintiff reveals the inclusion of additional

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defendants and facts. Plaintiff is informed that the court cannot refer to a prior pleading in order

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

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complaint be complete in itself without reference to any prior pleading. This is because, as a

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general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375
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F.2d 55, 57 (9th Cir. 1967). In light of this authority, the court construes plaintiff’s motion for

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authorization to file a supplemental pleading as a motion to amend his complaint. Good cause

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appearing, this request will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis granted;

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2.

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3. Plaintiff shall file an amended complaint within thirty days from the date of this order.

Plaintiff’s May 15, 2013 motion for authorization is granted; and

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Plaintiff’s amended complaint shall comply with the requirements of the Civil Rights

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Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the

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amended complaint must bear the docket number assigned this case and must be

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labeled “Amended Complaint”; failure to file an amended complaint in accordance

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with this order may result in the dismissal of this action.

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DATED: May 29, 2013
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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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