Ramirez
DeEarl Foster v. Aidana Ramirez
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DeEARL FOSTER, No. 2:24-CV-2036-DJC-DMC-P 12 Plaintiff, 13 v. ORDER 14 AIDANA RAMIREZ, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Consistent with the District Judge’s October 24, 2025, order, Plaintiff may file 19 a second amended complaint within 30 days of the date of this order. Pending submission of a 20 second amended complaint, the Court’s September 18, 2025, order directing service of the first 21 amended complaint by the United States Marshall will be vacated. 22 Plaintiff is informed that, as a general rule, an amended complaint supersedes the 23 original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Therefore, if 24 Plaintiff amends the complaint, the Court cannot refer to the prior pleading in order to make 25 Plaintiff's amended complaint complete. See Local Rule 220. An amended complaint must be 26 complete in…