(PC) Colbourn v. Darnell et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/17/2020 DISMISSING plaintiff's amended complaint, second amended complaint and third amended complaint. Plaintiff has 30 days to file a fourth amended complaint that complies with the court's 10/13/2020 order, the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ORRIN TYLER COLBOURN,
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Plaintiff,
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No. 2:20-cv-1937 CKD P
v.
ORDER
JESS DARNELL, et al.,
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Defendants.
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Plaintiff is a Butte County Jail prisoner proceeding pro se and seeking relief pursuant to
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42 U.S.C. § 1983. On October 13, 2020, the court screened plaintiff’s complaint as the court is
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required to do under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was dismissed with leave to
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amend.
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In response to the court’s order, plaintiff filed three separate amended complaints. As
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plaintiff was informed in the October 13, 2020 order, Local Rule 220 requires that an amended
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complaint be complete in itself without reference to any other pleadings. This is because, as a
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general rule, an amended complaint supersedes a previous one. See Loux v. Rhay, 375 F.2d 55,
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57 (9th Cir. 1967).
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Good cause appearing, plaintiff’s amended, second amended and third amended
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complaints will be dismissed with leave to file a fourth amended complaint which complies with
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the requirements identified in the court’s October 13, 2020 order. Plaintiff is reminded that
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another requirement in the October 13, 2020 order is that his pleadings be legibly and coherently
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written. This requirement was not satisfied in any of plaintiff’s amended pleadings.
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Accordingly, IT IS HEREBY ORDERED that
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1. Plaintiff’s amended complaint, second amended complaint and third amended
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complaint are dismissed.
2. Plaintiff is granted thirty days from the date of service of this order to file a fourth
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amended complaint that complies with the requirements of the court’s October 13, 2020 order,
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the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. The
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fourth amended complaint must bear the docket number assigned this case and must be labeled
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“Fourth Amended Complaint.” Failure to file a fourth amended complaint in accordance with
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this order will result in a recommendation that this action be dismissed.
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Dated: November 17, 2020
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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colb1937.14(2)
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