(HC) Marquez-Huazo v. Warden of FCI-Herlong

Good Law
United States District Court, Eastern District of CaliforniaOctober 5, 20212:21-cv-01540California490 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRACIANO MARQUEZ-HUAZO, No. 2:21-cv-1540 KJN P Petitioner, v. ORDER WARDEN, Respondent. 16 Petitioner filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner paid the filing fee. On September 29, 2021, petitioner filed a document styled “Memorandum Regarding the Vacatur of one conviction under 18 U.S.C. § 924(c) and § 2241 Supplemental Memorandum.” (ECF No. 5.) Petitioner is advised that he cannot litigate his action piecemeal. Rather, all of petitioner’s allegations must be contained in one § 2241 petition. 23 See Local Rule 220 (requiring an amended complaint be complete in itself without reference to any prior pleading). This requirement exists because, as a general rule, an amended complaint supersedes the original complaint. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 25 1008 (9th Cir. 2015) (“an ‘amended complaint supersedes the original, the latter being treated thereafter as…

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