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Parthemore v. Kissel

United States District Court, Ninth Circuit, California, E.D. California
May 29, 2013
2:13-cv-0819 AC P (E.D. Cal. May. 29, 2013)

Opinion


IRA DON PARTHEMORE, Plaintiff, v. B. KISSEL, et al., Defendant. No. 2:13-cv-0819 AC P United States District Court, E.D. California. May 29, 2013

          ORDER

          ALISON CLAIRE, Magistrate Judge.

         Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

         Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.

         Plaintiff has also filed a motion for authorization to file a supplemental pleading. ECF No. 11. The supplemental pleading submitted by plaintiff reveals the inclusion of additional defendants and facts. Plaintiff is informed that the 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). In light of this authority, the court construes plaintiff's motion for authorization to file a supplemental pleading as a motion to amend his complaint. Good cause appearing, this request will be granted.

         Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to proceed in forma pauperis granted;

2. Plaintiff's May 15, 2013 motion for authorization is granted; and

3. Plaintiff shall file an amended complaint within thirty days from the date of this order. Plaintiff's amended complaint shall comply with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the amended complaint must bear the docket number assigned this case and must be labeled "Amended Complaint"; failure to file an amended complaint in accordance with this order may result in the dismissal of this action.


Summaries of

Parthemore v. Kissel

United States District Court, Ninth Circuit, California, E.D. California
May 29, 2013
2:13-cv-0819 AC P (E.D. Cal. May. 29, 2013)
Case details for

Parthemore v. Kissel

Case Details

Full title:IRA DON PARTHEMORE, Plaintiff, v. B. KISSEL, et al., Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: May 29, 2013

Citations

2:13-cv-0819 AC P (E.D. Cal. May. 29, 2013)