In what circumstances will the court allow plaintiff to proceed in forma pauperis?

MultiRegion, United States of America

The following excerpt is from Hicks v. Covello, No. 2:20-cv-2080 KJN P (E.D. Cal. 2020):

In addition, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This requirement exists because, as a general rule, an amended complaint supersedes the original complaint. 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 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.

Page 11

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff's request for leave to proceed in forma pauperis is granted.

Other Questions


Can a court request to appoint counsel for a plaintiff who is proceeding in forma pauperis? (MultiRegion, United States of America)
Can a federal court request an attorney to represent a plaintiff proceeding in forma pauperis? (MultiRegion, United States of America)
Can a plaintiff proceed in federal court before the conclusion of his state court proceedings? (MultiRegion, United States of America)
Is a plaintiff in a pro se plaintiff proceeding in forma pauperis entitled to amend or amend their pleadings? (MultiRegion, United States of America)
Can a plaintiff proceed in forma pauperis in an action brought by a plaintiff who is indigent? (MultiRegion, United States of America)
What is the scope of a district court's discretion to deny a prisoner leave to proceed in forma pauperis against his custodian? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
When will the court dismiss a complaint brought by a party proceeding in forma pauperis? (MultiRegion, United States of America)
Does a plaintiff have to exhaust all the remedies available in the state courts to obtain a permit to proceed in the federal court? (MultiRegion, United States of America)
Can plaintiff proceed in forma pauperis in this action? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.