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West v. Yates

United States District Court, E.D. California
Feb 22, 2006
Case No. 1:05-CV-01554-OWW-SMS-P, (Doc. 5) (E.D. Cal. Feb. 22, 2006)

Opinion

Case No. 1:05-CV-01554-OWW-SMS-P, (Doc. 5).

February 22, 2006


ORDER MOTION SEEKING LEAVE TO AMEND AS UNNECESSARY


Plaintiff John E. West ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On January 9, 2006, Plaintiff filed a motion seeking leave to amend.

Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served. Otherwise, a party may amend only by leave of the court or by written consent of the adverse party, and leave shall be freely given when justice so requires. Fed.R.Civ.P. 15(a). In this case, a responsive pleading has not been served and Plaintiff has not previously amended his complaint. Therefore, Plaintiff may file an amended complaint without leave of the Court. For this reason, Plaintiff's motion is unnecessary and shall be denied.

In the event that Plaintiff opts to file an amended complaint, Plaintiff is notified that Local Rule 15-220 requires that an amended complaint be complete in itself without reference to any prior pleading. 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.

Accordingly, Plaintiff's motion seeking leave to amend his complaint, filed January 9, 2006, is HEREBY DENIED.

IT IS SO ORDERED.


Summaries of

West v. Yates

United States District Court, E.D. California
Feb 22, 2006
Case No. 1:05-CV-01554-OWW-SMS-P, (Doc. 5) (E.D. Cal. Feb. 22, 2006)
Case details for

West v. Yates

Case Details

Full title:JOHN E. WEST, Plaintiff, v. WARDEN JAMES YATES, et al., Defendants

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

Date published: Feb 22, 2006

Citations

Case No. 1:05-CV-01554-OWW-SMS-P, (Doc. 5) (E.D. Cal. Feb. 22, 2006)