CaSe 1207-CV-OJ_225-WD|\/|-|\/|.]W DOCument 11 Filed 07/20/07 USDC CO|OI’adO Pag€ l 014 |N THE UN|TED STATES D|STR|CT COURT FOR THE DlsTRlCT OF COLORADO F l L E D ¥lJNiTEosTATEs i;::_:'rr<;cr couRT oEN\/Fe r"" “o Civil Action No. 07-cv-01225-BNB -'JUL 3 g 2097 sl-IAWN D. ALLEN, GREG ._._.\€--‘z‘~stAM c\_sei»€ Plaintiff, . ....... v. WARDEN LARRY RE|D, and DENN|S BURBANK, Defendants. ORDER D|RECTING PLA|NT|FF TO F|LE SECOND AIV|ENDED CO|V|PLA|NT Piaintiff, Shawn D. A|ien, is a prisoner in the custody of the Colorado Department of Corrections at the Centennial Correctiona| Facility at Canon City, Co|orado. l\/|r. Al|en initiated this action by filing pro se a Prisoner Comp|aint. On June 21, 2007, lVlr. Allen filed an amended complaint on the proper Prisoner Comp|aint form. Nlr. A||en asserts constitutional claims pursuant to 42 U.S.C. § 1983. The court must construe the amended complaint liberally because l\/lr. Allen is representing himse|f. See Haines v. Kemer, 404 U.S. 519" date_filed="1972-02-22" court="SCOTUS" case_name="Haines v. Kerner">404 U.S. 519, 520-21 (1972); Ha” v. Be”mon, 935 F.2d 1106" date_filed="1991-06-03" court="10th Cir." case_name="Kenneth Hall v. Henry Bellmon">935 F.2d 1106, 1110 (10th Cir. 1991). However, the court should not be the pro se |itigant’s advocate. See Ha”, 935 F.2d 1106" date_filed="1991-06-03" court="10th Cir." case_name="Kenneth Hall v. Henry Bellmon">935 F.2d at 1110. For the reasons stated below, lVlr. Allen Wil| be ordered to file a second amended complaint The court has reviewed l\/lr. Al|en's amended complaint and finds that it is deficient because it is not compiete. instead of including all of the allegations in support of his claims in the amended complaint, lV|r. Allen refers to various pages that Were CaSe 1207-CV-OJ_225-WD|\/|-|\/|.]W DOCument 11 Filed 07/20/07 USDC CO|OI’adO Pag€ 2 Of 4 attached to the original complaint but are not attached to the amended complaint He may not do so if he wants the court to consider the allegations contained in the additional pages. l\/lr. Ailen fails to understand that "an amended complaint supercedes the original complaint and renders the original complaint without legal effect.” Mink v. Suthers, 482 F.3d 1244" date_filed="2007-04-16" court="10th Cir." case_name="Mink v. Dominguez">482 F.3d 1244, 1254 (10th Cir. 2007). Therefore, l\/ir. Ailen will be directed to file a second amended complaint that includes ali of the claims and allegations he wishes to have the court consider in this action. l\/lr. Ailen also has filed two motions that are pending. On June 21, 2007, l\/lr. Ailen filed a “Supplementary lvlotion to lViay 2007 i\/lotions, 1983 Civil Comp|aint, Appointment of Counse|, Emergency Transfere [sic]” and a “i\/iotion to Add New Civil Comp|aint With Current Action." The supplementary motion will be denied because it does not relate to any prior motions filed in this action. instead, the supplementary motion relates to and supplements prior motions filed by Nir. Ailen in another action he has filed in this court. The “i\/iotion to Add New Civil Comp|aint With Current Action" also appears to relate to the prior motions lVir. Ailen filed in his other case and will be denied. |n addition, Plaintiff has not submitted a proposed amended complaint that contains the additional claims he seeks to raise in this action. However, Piaintiff is advised that he may include in the second amended complaint he will be ordered to file all of the claims he wishes to pursue in this action. According|y, it is ORDERED that i\/lr. Ailen file within thirty (30) days from the date of this order a second amended complaint that complies with this order. lt is FURTHER ORDERED that the clerk of the court mail to lVlr. Ailen, together with a copy of this order, two copies of the following forms: Prisoner Comp|aint. lt is 2 CaSe 1207-CV-OJ_225-WD|\/|-|\/|.]W DOCument 11 Filed 07/20/07 USDC CO|OI’adO Pag€ 3 Of 4 FURTHER ORDERED thatl if lVlr. Ailen fails within the time allowed to file a second amended complaint that complies with this order to the court’s satisfaction, the action will be dismissed without further notice. lt is FURTHER ORDERED that the “Supplementary l\/lotion to lViay 2007 l\/lotions, 1983 Civil Comp|aint, Appointment of Counsel, Emergency Transfere [sic]” filed on June 211 2007, and the “i\/iotion to Add New Civil Comp|aint With Current Action” filed on June 21, 20071 are denied DATED Ju|y 20, 2007, at Denver, Colorado. BV THE COURT: s/ Bovd N. Boland United States l\/lagistrate Judge CaSe 1207-CV-OJ_225-WD|\/|-|\/|.]W DOCument 11 Filed 07/20/07 USDC CO|OI’adO Pag€ 4 Of 4 |N THE UN|TED STATES D|STR|CT COURT FOR THE D|STR|CT OF COLORADO CERT|F|CATE OF IV|A|L|NG Civil Action No. 07-cv-01225-BNB Shawn D. Ailen Prisoner No. 113014 Centennial Corr. Faci|ity PO Box 600 Canon City, CO 81215 l hereby certify that i have mailed a copy of the ORD R nd two copies of the Prisoner Comp|aint to the above-named individuals on 7 3d 67 GREGORY C. LANGHAN|, CLERK ' l /§@lu w UDeputy C|erk By: