(PC)Yandell v. Washington ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD DEAN YANDELL, No. 2:21-cv-0469 JAM AC P 12 Plaintiff, 13 v. ORDER 14 DONALD WASHINGTON, et al., 15 Defendants. 16 17 Plaintiff, a pretrial detainee proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 19, 2021, plaintiff filed a second amended complaint (“SAC”). ECF No. 15. 21 The SAC did not name as defendants Donald Washington or Folena (Supervisor Badge #7), who 22 had been named in the original complaint. as defendants. Compare ECF No. 1 at 1-6, with ECF 23 No. 14 at 4, 6-9. 24 An amended complaint supersedes the original complaint, the latter being treated 25 thereafter as non-existent. Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012); Ferdik v. 26 Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Plaintiff’s failure to maintain claims against 27 Washington and Folena in the SAC therefore constitutes a voluntary dismissal of these defendants 28 under Federal Rule of Civil Procedure 41(a)(1)(A)(i). ] Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall TERMINATE 2 | Director of USM Services Donald Washington and Folena (Supervisor Badge #7) as defendants 3 || in this action in the case caption of the docket pursuant to Federal Rule of Civil Procedure 4 | 41(a)(1)(A)Q@) and Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012). 5 | DATED: November 16, 2021 ~ 6 Htttenr— Lhor—e_ ALLISON CLAIRE 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28