(PC) Crump v. O'Campo et al

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2021 DENYING plaintiff's #20 motion to disregard his amended complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVE CRUMP,

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Plaintiff,

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No. 2:20-cv-2343 KJN P

v.

ORDER

A. O’CAMPO, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C.

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§ 1983. On December 28, 2020, plaintiff filed a request that the court disregard his amended

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complaint and have this action proceed on his original complaint. However, the court has

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screened plaintiff’s amended complaint, ordered service of process on defendant O’Campo, who

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has filed a notice of intent to waive service. In addition, the remaining two defendants, also

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named in the original complaint, were voluntarily dismissed by plaintiff. Plaintiff fails to explain

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why he wants to proceed on his original complaint, which appears to contain essentially the same

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allegations as those raised in his amended complaint except that the original complaint appended

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exhibits. Plaintiff is not required to provide exhibits with his pleading. That said, if plaintiff

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simply wants his previously submitted exhibits to be appended to his amended complaint, he may

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request that the court do so.

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In any event, an amended complaint supersedes the original complaint. See Loux v.

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Rhay, 375 F.2d 55, 57 (9th Cir. 1967); Ramirez v. County of San Bernardino, 806 F.3d 1002,

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1008 (9th Cir. 2015) (“an ‘amended complaint supersedes the original, the latter being treated

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thereafter as non-existent.’” (internal citation omitted)). Once an amended pleading is filed, the

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original pleading no longer serves any function in the case. Id.; see also L.R. 220 (every pleading

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to which an amendment is permitted as a matter of right shall be retyped and filed so that it is

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complete in itself without reference to the prior pleading.). Therefore, plaintiff cannot simply

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request that the court now proceed on the original complaint. Rather, if plaintiff wishes to again

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amend his complaint, he must file a motion to amend and provide a proposed second amended

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complaint for the court to review. Fed. R. Civ. P. 15(a)(1); see also 28 U.S.C. § 1915A

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(pleadings by prisoners proceeding in forma pauperis are subject to court evaluation).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to disregard his amended

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complaint (ECF No. 20) is denied.

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Dated: January 7, 2021

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/crum2343.disr

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