(PC) Gallegos v. Shepherd et al

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/21/2024 STRIKING Plaintiff's 11 Addendum and DIRECTING Plaintiff to file an amended complaint within 30 days. (Spichka, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BENJAMIN ROBERT GALLEGOS,

12

Plaintiff,

13
14

No. 2:24-cv-2262 DAD CKD P

v.

ORDER

S. SHEPHERD, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

18

1983. On September 13, 2024, the court dismissed plaintiff’s complaint with leave to amend.

19

Plaintiff has not filed an amended complaint. On October 29, 2024, plaintiff filed an “addendum”

20

to his original complaint despite the fact that plaintiff was specifically informed:

21

[T]he court cannot refer to a prior pleading in order to make
plaintiff’s amended complaint complete. Local Rule 220 requires
that an amended complaint be complete in itself without reference to
any prior pleading. This is because, as a general rule, an amended
complaint supersedes the original complaint. See Loux v. Rhay, 375
F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended
complaint, the original pleading no longer serves any function in the
case. Therefore, in an amended complaint, as in an original
complaint, each claim and the involvement of each defendant must
be sufficiently alleged.

22
23
24
25
26
27

/////

28

/////
1

1

Good cause appearing, IT IS HEREBY ORDERED that:

2

1. The “addendum” filed by plaintiff on October 29, 2024, is stricken.

3

2. Plaintiff is granted thirty days to file an amended complaint that complies with the

4

requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, the Local Rules of

5

Practice and the court’s September 13, 2024 order. The amended complaint must bear the docket

6

number assigned this case and must be labeled “Amended Complaint.” Failure to file an

7

amended complaint in accordance with this order will result in a recommendation that this action

8

be dismissed.

9
10

Dated: November 21, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15

1
gall2262.add

16
17
18
19
20
21
22
23
24
25
26
27
28
2