Woodard v. Cox et al

Filing 21

ORDER Granting 20 Motion for Leave to File an Amended Complaint. Amended Complaint due within 30 days. Signed by Magistrate Judge Nancy J. Koppe on 9/11/2014. (Copies have been distributed pursuant to the NEF; CC: Plaintiff with required forms - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GUY WOODARD,

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Plaintiff,

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Case No. 2:14-cv-272-RFB-NJK
ORDER

v.
JAMES COX et al.,

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Defendants.

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I.

DISCUSSION

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Plaintiff, who was a prisoner in the custody of the Nevada Department of

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Corrections (“NDOC”) at the time he initiated this case, submitted his original 42 U.S.C.

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§ 1983 civil rights complaint to this Court on February 21, 2014. (ECF No. 1-1). On

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April 22, 2014, this Court issued a screening order which permitted Counts I, II, and III

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to proceed and dismissed Count IV with prejudice. (ECF No. 3 at 8-9).

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stayed the case for 90 days to give the parties an opportunity to settle this case through

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informal settlement discussions. (ECF No. 3, 5). At the conclusion of the stay, the

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parties indicated that they thought their case would benefit from an early mediation

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conference with a neutral evaluator.

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settlement conference for October 28, 2014. (ECF No. 16).

(ECF No. 13, 17).

This Court

This Court scheduled a

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On September 10, 2014, Plaintiff filed a motion for leave to amend his complaint

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and states that he had discussed this motion with opposing counsel during the informal

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settlement discussions. (ECF No. 20). Plaintiff attached his proposed amended civil

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rights complaint to his motion. (ECF No. 20-1).
Plaintiff is granted leave to file an amended complaint.

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However, Plaintiff is

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advised that an amended complaint supersedes the original complaint and, thus, the

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amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard

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Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a

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party was named in the original complaint is irrelevant; an amended pleading

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supersedes the original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir.

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2012) (holding that for claims dismissed with prejudice, a plaintiff is not required to

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reallege such claims in a subsequent amended complaint to preserve them for appeal).

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Plaintiff’s amended complaint must contain all claims, defendants, and factual

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allegations that Plaintiff wishes to pursue in this lawsuit.

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The Court notes that Plaintiff’s original complaint (ECF No. 4) provides more

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specific factual allegations as to each defendant than does the proposed amended

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complaint (ECF No. 20-1). The Court notes that the proposed amended complaint only

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identifies the actions of one defendant, Correctional Officer Richardson. (ECF No. 20-1

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at 4). The Court grants Plaintiff 30 days from the date of this order to notify this Court

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whether: (a) Plaintiff chooses to proceed with the proposed amended complaint (ECF

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No. 20-1); (b) Plaintiff chooses to withdraw the proposed amended complaint and

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proceed with the original complaint (ECF No. 4); or (c) Plaintiff chooses to file a

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proposed second amended complaint. If Plaintiff chooses to file a proposed second

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amended complaint he must file the second amended complaint within 30 days of the

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date of this order. Furthermore, if Plaintiff chooses to file a proposed second amended

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complaint, the Court directs Plaintiff to “[s]tate the facts clearly, in [his] own words, and

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without citing legal authority or argument . . . [and to be sure to] describe exactly what

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each specific defendant (by name) did to violate [his] rights.”

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II.

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CONCLUSION
For the foregoing reasons, it is ordered that that the motion for leave to file an

amended complaint (ECF No. 20) is granted.

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It is further ordered that, within 30 days from the date of this order, Plaintiff shall

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notify this Court whether: (a) Plaintiff chooses to proceed with the proposed amended

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complaint (ECF No. 20-1); (b) Plaintiff chooses to withdraw the proposed amended

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complaint and proceed with the original complaint (ECF No. 4); or (c) Plaintiff chooses

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to file a proposed second amended complaint.

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It is further ordered that, if Plaintiff chooses to file a proposed second amended
complaint, Plaintiff shall file the complaint within 30 days of the date of this order.

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It is further ordered that the Clerk of the Court shall send to Plaintiff the approved

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form for filing a § 1983 complaint, instructions for the same, and a copy of his original

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complaint (ECF No. 4). If Plaintiff chooses to file a second amended complaint, he must

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use the approved form and he shall write the words “Second Amended” above the

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words “Civil Rights Complaint” in the caption.

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DATED THIS 11th day of September, 2014.

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_
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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