(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE CRUMP, 12 Plaintiff, 13 14 No. 2:20-cv-2343 KJN P v. ORDER A. O’CAMPO, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. 17 18 § 1983. On December 28, 2020, plaintiff filed a request that the court disregard his amended 19 complaint and have this action proceed on his original complaint. However, the court has 20 screened plaintiff’s amended complaint, ordered service of process on defendant O’Campo, who 21 has filed a notice of intent to waive service. In addition, the remaining two defendants, also 22 named in the original complaint, were voluntarily dismissed by plaintiff. Plaintiff fails to explain 23 why he wants to proceed on his original complaint, which appears to contain essentially the same 24 allegations as those raised in his amended complaint except that the original complaint appended 25 exhibits. Plaintiff is not required to provide exhibits with his pleading. That said, if plaintiff 26 simply wants his previously submitted exhibits to be appended to his amended complaint, he may 27 request that the court do so. 28 //// 1 1 In any event, an amended complaint supersedes the original complaint. See Loux v. 2 Rhay, 375 F.2d 55, 57 (9th Cir. 1967); Ramirez v. County of San Bernardino, 806 F.3d 1002, 3 1008 (9th Cir. 2015) (“an ‘amended complaint supersedes the original, the latter being treated 4 thereafter as non-existent.’” (internal citation omitted)). Once an amended pleading is filed, the 5 original pleading no longer serves any function in the case. Id.; see also L.R. 220 (every pleading 6 to which an amendment is permitted as a matter of right shall be retyped and filed so that it is 7 complete in itself without reference to the prior pleading.). Therefore, plaintiff cannot simply 8 request that the court now proceed on the original complaint. Rather, if plaintiff wishes to again 9 amend his complaint, he must file a motion to amend and provide a proposed second amended 10 complaint for the court to review. Fed. R. Civ. P. 15(a)(1); see also 28 U.S.C. § 1915A 11 (pleadings by prisoners proceeding in forma pauperis are subject to court evaluation). 12 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to disregard his amended 13 complaint (ECF No. 20) is denied. 14 Dated: January 7, 2021 15 16 /crum2343.disr 17 18 19 20 21 22 23 24 25 26 27 28 2

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