(HC)Wilson v. Thompson

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 7/15/2021 DENYING 4 Motion and GRANTING Petitioner 30 days in which to file an amended petition that includes all his claims and supporting facts in one pleading. (Henshaw, R)

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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 CORNELL EUGENE WILSON, Jr., 12 No. 2:21-cv-0793 KJN P Petitioner, 13 v. 14 ORDER PAUL THOMPSON, 15 Respondent. 16 Petitioner, a federal prisoner proceeding pro se, filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2241. The application attacks a conviction and sentence imposed 19 by the U.S. District Court for the Central District of California. On June 7, 2021, petitioner filed a motion to supplement the petition. (ECF No. 4.) 20 21 However, Local Rule 220 requires that changed pleadings be complete without reference to any 22 prior pleading. 1 Accordingly, petitioner is granted leave to amend his petition to include all of his 23 24 25 26 27 28 1 “Unless prior approval to the contrary is obtained from the Court, every pleading to which an amendment or supplement is permitted as a matter of right or has been allowed by court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded pleading. No pleading shall be deemed amended or supplemented until this Rule has been complied with. All changed pleadings shall contain copies of all exhibits referred to in the changed pleading. Permission may be obtained from the Court, if desired, for the removal of any exhibit or exhibits attached to a superseded pleading, in order that the same may be attached to the changed pleading.” L.R. 220. 1 claims or grounds for relief in one document. As a general rule, an amended pleading supersedes 2 the prior pleading. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 3 2015) (“an ‘amended complaint supersedes the original, the latter being treated thereafter as non- 4 existent.’” (internal citation omitted)). Once petitioner files an amended petition, the original 5 pleading no longer serves any function in the case. Therefore, in an amended petition, as in an 6 original petition, each claim and its supporting facts must be sufficiently alleged. If petitioner 7 fails to file an amended petition, this action will proceed on the original petition. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Petitioner’s motion (ECF No. 4) is denied; and 10 2. Petitioner is granted thirty days in which to file an amended petition that includes all of 11 his claims and supporting facts in one pleading. 12 Dated: July 15, 2021 13 14 15 /wils0793.amd 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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