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Matthew Alan Lawrie v. Kathleen Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 31, 2011

MATTHEW ALAN LAWRIE,
PLAINTIFF,
v.
KATHLEEN ALLISON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER STRIKING SPECIAL AMENDMENT TO ADD NEW PLAINTIFF (ECF No. 10)

Plaintiff Matthew Alan Lawrie ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint in this action was filed on May 25, 2011. On August 26, 2011, Plaintiff filed a Special Amendment to Add a New Plaintiff. (ECF No. 10.)

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King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be "complete in itself without reference to the prior or superceded pleading."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 220.

Under Local Rule 220, Plaintiff cannot amend the original complaint simply by attaching documents to it. Moreover, the Court cannot add exhibits to the record by attaching them to documents already filed. Therefore, to amend the complaint, Plaintiff must submit a first amended complaint which is complete in itself.

Additionally, Plaintiff is not an attorney and he is proceeding without counsel. While a non-attorney proceeding pro se may bring his own claims to court, he may not represent others. E.g., Simon v. Hartford Life, Inc., 546 F.3d 661, 664-65 (9th Cir. 2008); Fymbo, 213 F.3d at 1321; Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997); C. E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987).

Accordingly, Plaintiff's Special Amendment to Add a New Plaintiff, filed August 26, 2011, is STRICKEN from the record.

IT IS SO ORDERED.

20110831

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