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Carreia v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 18, 2010

ALFRED CARREIA, PLAINTIFF,
v.
JAMES YATES, ET AL., DEFENDANTS.

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

ORDER DENYING MOTION TO AMEND WITHOUT PREJUDICE

(Doc. 8)

Plaintiff Alfred Carreia ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se in this civil rights action. On August 5, 2010, Plaintiff submitted a motion to amend his complaint to include original copies of his CDC Form 602 inmate appeal. Plaintiff is advised that an amended complaint supersedes 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King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be "complete in itself without reference to the prior or superseded pleading," L. R. 220.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. The Court generally does not accept piecemeal pleadings.

Plaintiff was instructed that the Court does not serve as a repository for Plaintiff's evidence. Plaintiff should avoid sending original copies to Court.

Accordingly, it is HEREBY ORDERED that Plaintiff's motion to amend pursuant to Federal Rule of Civil Procedure 15 is DENIED without prejudice. The Clerk of Court is directed to return Plaintiff's original filing, docketed at Docket No. 8, to Plaintiff, if the Clerk has retained it.

IT IS SO ORDERED.

20100818

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