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Lawrie v. Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Aug 31, 2011
CASE NO. 1:11-cv-00947-SMS PC (E.D. Cal. Aug. 31, 2011)

Opinion

CASE NO. 1:11-cv-00947-SMS PC ECF No. 10

08-31-2011

MATTHEW ALAN LAWRIE, Plaintiff, v. KATHLEEN ALLISON, et al., Defendants.


ORDER STRIKING SPECIAL AMENDMENT

TO ADD NEW PLAINTIFF

Plaintiff Matthew Alan Lawrie ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint in this action was filed on May 25, 2011. On August 26, 2011, Plaintiff filed a Special Amendment to Add a New Plaintiff. (ECF No. 10.)

An amended complaint supercedes the original complaint, Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be "complete in itself without reference to the prior or superceded pleading." Local Rule 220.

Under Local Rule 220, Plaintiff cannot amend the original complaint simply by attaching documents to it. Moreover, the Court cannot add exhibits to the record by attaching them to documents already filed. Therefore, to amend the complaint, Plaintiff must submit a first amended complaint which is complete in itself.

Additionally, Plaintiff is not an attorney and he is proceeding without counsel. While a non-attorney proceeding pro se may bring his own claims to court, he may not represent others. E.g., Simon v. Hartford Life, Inc., 546 F.3d 661, 664-65 (9th Cir. 2008); Fymbo, 213 F.3d at 1321; Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997); C. E. Pope Equity Trust v. United States,818 F.2d 696, 697 (9th Cir. 1987).

Accordingly, Plaintiff's Special Amendment to Add a New Plaintiff, filed August 26, 2011, is STRICKEN from the record. IT IS SO ORDERED.

Sandra M. Snyder

UNITED STATES MAGISTRATE JUDGE


Summaries of

Lawrie v. Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Aug 31, 2011
CASE NO. 1:11-cv-00947-SMS PC (E.D. Cal. Aug. 31, 2011)
Case details for

Lawrie v. Allison

Case Details

Full title:MATTHEW ALAN LAWRIE, Plaintiff, v. KATHLEEN ALLISON, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Aug 31, 2011

Citations

CASE NO. 1:11-cv-00947-SMS PC (E.D. Cal. Aug. 31, 2011)