If petitioner chooses to file a civil rights complaint, can he refer to his dismissed habeas petition to make the complaint complete?

MultiRegion, United States of America

The following excerpt is from Elder v. Swarthout, No. 2:14-cv-0892 DAD P (E.D. Cal. 2015):

5. If petitioner chooses to file a civil rights complaint, the court cannot refer to his dismissed habeas petition in order to make the complaint complete. Local Rule 220 requires that a new complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Although petitioner in this case would be filing, in effect, an original civil rights complaint, the stand-alone pleading requirement stated in Local Rule 220 and Loux v. Rhay will apply with equal force.

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