(PC) Poynter v. Peterson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARKICE POYNTER, No. 2:21-cv-0012-EFB P 12 Plaintiff, 13 v. ORDER 14 B. PETERSON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action 18 brought under 42 U.S.C. § 1983. He seeks reconsideration of the court’s March 5, 2021 19 screening order (ECF No. 8), which dismissed plaintiff’s January 26, 2021 amended complaint 20 (ECF No. 6) with leave to amend for failure to state a cognizable claim for relief. As explained 21 below, plaintiff’s motion is denied. 22 On January 4, 2021, plaintiff commenced this action with a 17-page typed complaint that 23 was accompanied by Exhibits A through E. ECF No. 1. On January 26, 2021, plaintiff filed an 24 amended complaint that was 10-pages, handwritten and not accompanied by any exhibits. ECF 25 No. 6. In seeking reconsideration of the dismissal of the latter complaint, plaintiff argues that his 26 original complaint states cognizable claims for relief. ECF No. 12. The court’s screening order, 27 however, considered only plaintiff’s amended complaint. This is because an amended complaint 28 supersedes any earlier filed complaint, and once an amended complaint is filed, the earlier filed 1 || complaint no longer serves any function in the case. See Forsyth v. Humana, 114 F.3d 1467, 2 | 1474 (9th Cir. 1997) (the “‘amended complaint supersedes the original, the latter being treated 3 || thereafter as non-existent.’”) (quoting Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967)). 4 Having considered plaintiff's motion for reconsideration (ECF No. 12), the court’s March 5 || 5, 2021 screening order (ECF No. 8), is CONFIRMED. The Clerk shall terminate ECF No. 12. 6 || If plaintiff wishes to proceed on his original complaint, he shall so notify the court within 30 days 7 || of the date of this order and the court thereafter will issue another screening order. 8 So ordered. 9 | DATED: April 16, 2021. g Vator f Lb LM A 10 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28