ORDER

DAVID G. CAMPBELL, District Judge.

Movant Sergio Hernandez-Salazar, who is confined in the Central Arizona Detention Center in Florence, Arizona, filed a pro se "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody" ("Motion"). On May 30, 2012, Movant filed an Amended § 2255 Motion. The Court will deny the Amended Motion with leave to amend.

I. Amended § 2255 Motion

Movant should note that "an amended pleading supersedes the original." Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990); King v. Atiyeh, 814 F.2d 565 (9th Cir. 1987). Accordingly, the Court will consider only the claims raised by Movant in his Amended Motion.

On November 9, 2011, Movant entered into a plea agreement to plead guilty to Re-Entry of Removed Alien, in violation of 8 U.S.C. § 1326(a) with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(1). The Court rejected the plea agreement and, on March 19, 2012, sentenced Movant to a term of imprisonment of twelve months and one day, followed by three years on supervised release.

In his Amended Motion, Movant raises three grounds for relief:

II. Leave to Amend

A motion filed pursuant to § 2255 is for a person "claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." 28 U.S.C. § 2255. Movant has not argued that his sentence violated the Constitution or laws of the United States, was in excess of the maximum authorized by law, or is otherwise subject to collateral attack. The Court will therefore dismiss the Amended Motion.

Within 30 days, Movant may submit a second amended motion on the court-approved form. The Clerk of Court will mail Movant a court-approved form to use for filing a second amended motion. Movant must submit the second amended motion on the court-approved form and sign it under penalty of perjury. If Movant fails to file a second amended motion within 30 days from the date of filing of this Order, the Court will dismiss this § 2255 action without further notice to Movant. If Movant fails to use the court-approved form, the Court may strike the second amended motion and dismiss this § 2255 action without further notice to Movant.

Movant must clearly designate on the face of the documen that it is a "Second Amended Motion." The second amended motion must be retyped or rewritten in its entirety on a court-approved form and may not incorporate any part of the original Motion or Amended Motion by reference. Movant must describe each ground for relief and the facts supporting each ground.

A second amended motion supersedes an original motion and first amended motion. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach, 896 F.2d at 1546. After amendment, the Court will treat an original motion and first amended motion as nonexistent. Ferdik, 963 F.2d at 1262. Any ground for relief that was raised in the original motion or first amended motion is waived if it is not raised in a second amended motion. See King, 814 F.2d at 567.

III. Warnings

A. Address Changes

Movant must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Movant must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this § 2255 action.

B. Copies

Movant must submit an additional copy of every filing for use by the Court. See LRCiv 5.4. Failure to comply with this requirement may result in the filing being stricken without further notice to Movant.

C. Possible Dismissal

If Movant fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this § 2255 action without further notice. See Ferdik, 963 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any order of the Court).

IT IS ORDERED:

(1) Movant's Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Doc. 3 in CV 12-1035-PHX-DGC (SPL)) is denied with leave to amend. Movant has 30 days from the date of filing of this Order to file a second amended motion in compliance with this Order.

(2) If Movant fails to file a second amended motion within 30 days, the Clerk of Court must, without further notice, terminate Document 22 in CR 11-2209-PHX-DGC and enter a judgment of dismissal of the civil action opened in connection with this § 2255 action (CV 12-1035-PHX-DGC (SPL)), without prejudice.

(3) The Clerk of Court must mail Movant a court-approved form for filing a Motion to Vacate, Set Aside or Correct Sentence By a Person in Federal Custody (28 U.S.C. § 2255).