Brandon

(PC) Martinez v. Brandon

Good Law
United States District Court, Eastern District of CaliforniaFebruary 1, 20232:22-cv-01161California2,207 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CESAR ALEJANDRO MARTINEZ, No. 2:22-cv-1161 DB P Plaintiff, v. ORDER MARTIN BRANDON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that police officers used excessive force, retaliated, and discriminated against him in violation of his constitutional rights. Presently before the court are plaintiff’s amended complaints1 (ECF Nos. 12, 13) for screening. For the reasons set forth below, the court will dismiss the complaints with leave to amend. //// //// ////

1 Plaintiff has submitted two complaints captioned as “First Amended” complaints. (See ECF Nos. 12, 13.) Upon review the two complaints appear identical. An amended complaint 26 supersedes any prior complaint. Lacey v. Maricopa Cnty., 693 F.3d 896, 925 (9th Cir. 2012) (amended complaint supersedes original). Therefore, the court will screen the later submitted complaint…

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