Anthony v. Segura
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a defendant's motion to dismiss and a plaintiff's motion for leave to file electronically. The court terminated the motion to dismiss as moot because the plaintiff filed an amended complaint, and denied the motion to file electronically because the plaintiff failed to comply with local administrative rules.
| What the court decided | The model |
|---|---|
Defendant's Motion to Dismiss (ECF No. 7) is terminated as moot.“Hence, the Court will terminate as moot Defendant’s Motion to Dismiss, and Defendant can reassert his challenges to Plaintiff’s First Amended Complaint.” | agree with court The decision follows from the procedural rule that a revised pleading replaces the original complaint and renders it without legal effect. Since the motion to dismiss targeted the original complaint, it is moot once the amended complaint is filed. |
Plaintiff's Motion for Leave to File Electronically (ECF No. 10) is denied.“Consequently, the Court will deny his request.” | agree with court The court applied the specific requirements of Section 2.b of the Court’s Electronic Case Filing Administrative Policies and Procedures Manual. The plaintiff failed to demonstrate the necessary equipment and software capabilities or agree to follow the rules, which is a valid basis for denial under local administrative authority. |
The order itself: sound — The order correctly identifies that the filing of an amended complaint moots a motion to dismiss directed at the original complaint. It also correctly applies the local administrative rules regarding electronic filing, noting the plaintiff's failure to meet the specific requirements of Section 2.b. The reasoning is direct and supported by the cited authority and local rules.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARIAN ANTHONY, Case No. 24-cv-0458-BAS-SBC 12 Plaintiff, ORDER: 13 v. 1. TERMINATING AS MOOT 14 JUDGE DANIEL SEGURA, DEFENDANT’S MOTION TO 15 Defendant. DISMISS (ECF No. 7); AND 16 2. DENYING PLAINTIFF’S 17 MOTION FOR LEAVE TO FILE ELECTRONICALLY 18 (ECF No. 10) 19 20 21 Motion to Dismiss. Presently before the Court are two items. First, Defendant 22 moves to dismiss Plaintiff’s Complaint on various grounds, including the Rooker-Feldman 23 doctrine and Younger abstention. (ECF No. 7.) The next day, Plaintiff filed a First 24 Amended Complaint, exhausting his one opportunity to amend his pleading without the 25 Court’s permission. (ECF No. 8.) A revised pleading replaces “the original complaint and 26 renders it without legal effect.” Lacey v. Maricopa Cnty., 693 F.3d 896, 927 (9th Cir. 27 2012). Hence, the Court will terminate as moot Defendant’s Motion to Dismiss, and 28 Defendant can reassert his challenges to Plaintiff’s First Amended Complaint. 1 Motion to File Electronically. Second, Plaintiff, who is self-represented, moves for 2 || permission to file electronically. (ECF No. 10.) This motion is Plaintiff's second request. 3 || The Court rejected Plaintiff's first request because he did not comply with Section 2.b of 4 Court’s Electronic Case Filing Administrative Policies and Procedures Manual. (ECF 5 || No. 6.) The Court also provided him a copy of the referenced manual. (/d.) Under Section 6 ||2.b, a self-represented party “seeking leave to electronically file documents must file a 7 ||motion and demonstrate the means to do so properly by stating their equipment and 8 || software capabilities in addition to agreeing to follow all rules and policies in the CM/ECF 9 || Administrative Policies and Procedures Manual.” 10 Plaintiff now renews his request, but he still does not address the requirements under 11 ||Section 2.b. Consequently, the Court will deny his request. 12 Accordingly, the Court TERMINATES AS MOOT Defendant’s Motion to 13 ||Dismiss (ECF No. 7). The Court also DENIES Plaintiff's Motion for Leave to File 14 || Electronically (ECF No. 10). 15 IT IS SO ORDERED. 16 17 || DATED: April 3, 2024 ( itl A (Liphan 6 ig United States District Judge 19 20 21 22 23 24 25 26 27 28 ~_9.