Opinion
Civil Action No. 08-cv-02689-BNB.
January 12, 2009
ORDER
At issue is the Motion to Amend Original Complaint that Plaintiff, Johnny Reynolds, filed on December 19, 2008. In the Motion, Mr. Reynolds requests that one additional claim and five additional requests for relief be included with the original Complaint.
Plaintiffs Motion to Amend is denied. An amended complaint supersedes the original complaint. See Boelens v. Redman Homes, Inc. , 759 F.2d 504, 508 (5th Cir. 1985); Cameron v. Fogarty , 705 F.2d 676 (2d Cir. 1983); London v. Coopers Lybrand , 644 F.2d 811 (9th Cir. 1981); 6 C. Wright, A. Miller M. Kane, Federal Practice and Procedure § 1476 (1990). The pleading that Plaintiff has submitted does not contain all the alleged claims or the necessary information that Plaintiff is required to provide in a Prisoner Complaint form. Therefore, Plaintiff has failed to provide to the Court a complaint that is sufficient to supersede the prior Complaint and that the Court may consider as an amended complaint in this action. Accordingly, it is
ORDERED that Plaintiff's Motion to Amend Original Complaint, (Doc. No. 5.), filed January 9, 2009 is DENIED, and the additional claim and requests for relief included in the Motion will not be considered by the Court. It is
FURTHER ORDERED that the Clerk of the Court is directed to send to Plaintiff two copies of the Prisoner Complaint form so he can file a proper Amended Prisoner Complaint if he so desires. It is
FURTHER ORDERED that Plaintiff shall have thirty days from the date of the instant Order to file an Amended Complaint. If Plaintiff fails to file an Amended Complaint within thirty days the Court will commence review of the merits of the original Prisoner Complaint. It is
FURTHER ORDERED that Plaintiff's Motion for Discovery Documentation, (Doc. No. 6), filed January 9, 2009, is DENIED as premature.