What is the test for superseding a pleading in a motion to obtain leave to proceed in forma pauperis?
MultiRegion, United States of America
The following excerpt is from Ontiveros v. Eldridge, No. 2: 19-cv-2445 KJN P (E.D. Cal. 2020):
Local Rule 220; See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) ("an 'amended complaint supersedes the original, the latter being treated thereafter as non-existent.'" (internal citation omitted)). Once plaintiff files an amended complaint, the original pleading is superseded.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's request for leave to proceed in forma pauperis is granted.
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