(PC) Colbourn v. Darnell et al

Filing 14

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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