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Johnson v. Dep't of the Army and Air Force

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 22, 2009

JANETRA JOHNSON, PLAINTIFF,
v.
DEPARTMENT OF THE ARMY AND AIR FORCE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER REQUIRING PLAINTIFF TO FILE COMPLETE COMPLAINT OR NOTIFY COURT OF INTENTION TO PROCEED ON ORIGINAL COMPLAINT ORDER DISREGARDING AMENDED COMPLAINT (Document 14)

Plaintiff Janetra Johnson ("Plaintiff") is proceeding pro se and in forma pauperis in this action. She filed her employment discrimination complaint on February 13, 2009. On February 25, 2009, Plaintiff filed a document entitled "Amended Complaint." On March 5, 2009, the Court explained that her amended complaint was incomplete and could not be screened. She was ordered to file a complete complaint or notify the Court of her intention to proceed on the allegations in her original complaint, within thirty (30) days.

On April 8, 2009, she filed a very similar document entitled "Amended Complaint." Again, Plaintiff makes references to her "initial complaint" and attempts to "add" defendants and requests for relief. For the same reasons that the Court set forth in its March 5, 2009, order, Plaintiff's Amended Complaint is not sufficient.

Because of her pro se status, Plaintiff will be given one final opportunity to either submit a complete amended complaint or notify the Court of her intention to proceed on her original complaint. The Court will not piece together Plaintiff's filings and attempt to guess her intentions. A complete amended complaint is one that contains all defendants and all claims, and does not require reference to another document.

Plaintiff is again reminded that an amended complaint supercedes the original complaint, Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be "complete in itself without reference to the prior or superceded pleading." Local Rule 15-220. Plaintiff is warned that "[a]ll causes of action alleged in an original complaint which are not alleged in an amended complaint are waived." King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981)); accord Forsyth, 114 F.3d at 1474.

Accordingly, Plaintiff will be granted thirty (30) days from the date of service of this order within which to FILE a complete amended complaint OR NOTIFY the Court of her intention to move forward only on the causes of action and defendants contained in her original complaint, filed on February 13, 2009.*fn1 This will be Plaintiff's final opportunity to comply with this order. If Plaintiff fails to comply, the Court will recommend that this action be dismissed.

Plaintiff's incomplete amended complaint, filed on April 9, 2009, is DISREGARDED.

IT IS SO ORDERED.


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