What is the test for filing a third amended complaint?
The following excerpt is from Rio-Sosa v. Foulk, No. 2:14-cv-0727 KJN P (TEMP) (E.D. Cal. 2016):
an amended complaint be complete in itself without reference to any prior pleading. This requirement 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). Once plaintiff files an amended complaint, the prior pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged. Again, this means that plaintiff must submit all of his allegations, beginning anew with page 1, in the third amended complaint. It is not enough simply to supply the pages that, for whatever reason, were not submitted for filing with the second amended complaint.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff is granted leave to file a third amended complaint within thirty days of this order.
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