What is the test for making a fourth amended complaint in a personal injury case?
The following excerpt is from Whitaker v. Crane, No. 2:13-cv-00505 KJM DAD P (E.D. Cal. 2015):
Plaintiff is reminded that the court cannot refer to prior pleadings in order to make his fourth amended complaint complete. Local Rule 220 requires that an amended 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). Once plaintiff files a fourth amended complaint, the prior pleading no longer serves any function in the case. Therefore, in a fourth amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 30) is granted.
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