(PC) Colbourn v. Darnell ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORRIN TYLER COLBOURN, No. 2:20-cv-1937 CKD P 12 Plaintiff, 13 v. ORDER 14 JESS DARNELL, et al., 15 Defendants. 16 17 Plaintiff is a Butte County Jail prisoner proceeding pro se and seeking relief pursuant to 18 42 U.S.C. § 1983. On October 13, 2020, the court screened plaintiff’s complaint as the court is 19 required to do under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was dismissed with leave to 20 amend. 21 In response to the court’s order, plaintiff filed three separate amended complaints. As 22 plaintiff was informed in the October 13, 2020 order, Local Rule 220 requires that an amended 23 complaint be complete in itself without reference to any other pleadings. This is because, as a 24 general rule, an amended complaint supersedes a previous one. See Loux v. Rhay, 375 F.2d 55, 25 57 (9th Cir. 1967). 26 Good cause appearing, plaintiff’s amended, second amended and third amended 27 complaints will be dismissed with leave to file a fourth amended complaint which complies with 28 the requirements identified in the court’s October 13, 2020 order. Plaintiff is reminded that 1 | another requirement in the October 13, 2020 order is that his pleadings be legibly and coherently 2 | written. This requirement was not satisfied in any of plaintiff's amended pleadings. 3 Accordingly, IT IS HEREBY ORDERED that 4 1. Plaintiff's amended complaint, second amended complaint and third amended 5 | complaint are dismissed. 6 2. Plaintiff is granted thirty days from the date of service of this order to file a fourth 7 | amended complaint that complies with the requirements of the court’s October 13, 2020 order, 8 | the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. The 9 | fourth amended complaint must bear the docket number assigned this case and must be labeled 10 | “Fourth Amended Complaint.” Failure to file a fourth amended complaint in accordance with 11 | this order will result in a recommendation that this action be dismissed. 12 | Dated: November 17, 2020 i dh Al Gx 13 CAROLYN K DELANEY 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 | , 8 colb1937.14(2) 19 20 21 22 23 24 25 26 27 28