Brewer
(HC) Doran v. Brewer
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACQUERE JAMES DORAN, No. 2:22-cv-2040 KJN P 12 Petitioner, 13 v. ORDER 14 DAVID BREWER, 15 Respondent. 16
17 18 Petitioner proceeds pro se with an application for a writ of habeas corpus pursuant to 28 19 U.S.C. § 2241. He paid the filing fee. On November 18, 2022, the undersigned directed 20 respondent to file a responsive pleading within 60 days. 21 However, on December 12, 2022, petitioner filed a document styled, “Amended Habeas 22 Corpus Petition.” (ECF No. 8.) Although he claims it is his amended pleading, petitioner did not 23 include all of his claims in one pleading. Rather, he “adopts and incorporates by reference each 24 claim raised” in his original habeas petition. (ECF No. 8 at 1 n.1.) 25 An amended pleading supersedes the original pleading. See Loux v. Rhay, 375 F.2d 55, 26 57 (9th Cir. 1967). Once an amended pleading is filed, the original pleading no longer serves any 27 function in the case. Id.; see also L.R. 220 (every…