(HC) Doran v. Brewer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACQUERE JAMES DORAN, No. 2:22-cv-2040 KJN P 12 Petitioner, 13 v. ORDER 14 DAVID BREWER, 15 Respondent. 16 17 18 Petitioner proceeds pro se with an application for a writ of habeas corpus pursuant to 28 19 U.S.C. § 2241. He paid the filing fee. On November 18, 2022, the undersigned directed 20 respondent to file a responsive pleading within 60 days. 21 However, on December 12, 2022, petitioner filed a document styled, “Amended Habeas 22 Corpus Petition.” (ECF No. 8.) Although he claims it is his amended pleading, petitioner did not 23 include all of his claims in one pleading. Rather, he “adopts and incorporates by reference each 24 claim raised” in his original habeas petition. (ECF No. 8 at 1 n.1.) 25 An amended pleading supersedes the original pleading. See Loux v. Rhay, 375 F.2d 55, 26 57 (9th Cir. 1967). Once an amended pleading is filed, the original pleading no longer serves any 27 function in the case. Id.; see also L.R. 220 (every pleading to which an amendment is permitted 28 as a matter of right shall be retyped and filed so that it is complete in itself without reference to 1 | the prior pleading.). Because the amended petition must be complete in itself, with all claims 2 || raised in one petition, the amended petition is dismissed, and petitioner is granted leave to file one 3 || amended petition that contains all of his claims. Respondent is relieved of his obligation to 4 || respond to the original complaint. 5 Petitioner is cautioned that failure to file a second amended petition will result in this 6 || action proceeding on petitioner’s original petition. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The November 18, 2022 order (ECF No. 3) is vacated; 9 2. The first amended petition (ECF No. 8) is dismissed with leave to amend; 10 3. Petitioner is granted thirty days in which to file a second amended petition that 11 | includes all of his claims; and 12 4. The Clerk of the Court is directed to send petitioner a copy of his original petition 13 || (ECF No. 1), as well as a copy of his amended petition (ECF No. 8). 14 | Dated: December 16, 2022 Aectl Aharon 16 KENDALL J. NE /dora2040.lta UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28