The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DISMISSING FIRST AMENDED COMPLAINT FOR
VIOLATION OF LOCAL RULE 220, WITH LEAVE TO AMEND (Doc. 5.) (Resolves Doc.
ORDER FOR CLERK TO SEND § 1983 COMPLAINT FORM TO
PLAINTIFF THIRTY DAY DEADLINE TO FILE SECOND AMENDED COMPLAINT
Matthew James Dury ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). Plaintiff filed the Complaint commencing this action on October 19, 2012. (Doc. 1.) On November 13, 2012, Plaintiff filed the First Amended Complaint, which is now before the Court for screening. (Doc. 5.)
II. SCREENING REQUIREMENT
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. ' 1915A(a).
The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally Afrivolous or malicious,@ that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. ' 1915A(b)(1),(2). ANotwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that the action or appeal fails to state a claim upon which relief may be granted.@ 28 U.S.C. ' 1915(e)(2)(B)(ii).
A complaint must contain Aa short and plain statement of the claim showing that the pleader is entitled to relief.@ Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but A[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.@ Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). Plaintiff must set forth Asufficient factual matter, accepted as true, to >state a claim that is plausible on its face.=@ Id. While factual allegations are accepted as true, legal conclusions are not. Id. at 678.
III. LOCAL RULE 220 - CHANGED PLEADINGS
Local Rule 220 provides, in part:
"Unless prior approval to the contrary is obtained from the Court, every pleading to which an amendment or supplement is permitted as a matter of right or has been allowed by court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded pleading. No pleading shall be deemed amended or supplemented until this Rule has been complied with. All changed pleadings shall contain copies of all exhibits referred to in the changed pleading."
L. R. 220. As a general rule, an amended complaint supersedes the original complaint. Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. 2012)(en banc). Once an amended complaint is filed, the original complaint no longer serves any function in the case. Therefore, an amended complaint must be complete in itself without reference to any previous complaint, and each claim and the involvement of each defendant must be sufficiently alleged.
Plaintiff's First Amended Complaint makes reference to information contained in the original Complaint filed on October 19, 2012, stating, "As stated in original complaint thease (sic) three Officers Violated Title 18 § 1001 by filing a false or fraudulent report." (First Amended Complaint, Doc. 5 at 3 ¶IV.) Therefore, the First Amended ...