Margaret Rudin v. Nevada Dept. of Corrections, et al.

Filing 16

ORDERED that the motion to submit a second amended complaint (ECF No. 14 ) is GRANTED. If Plaintiff chooses to file a second amended complaint, it shall be filed by Friday, November 18, 2016. If Plaintiff chooses not to file a second amended comp laint and would like to proceed to mediation on her first amended complaint, Plaintiff shall file a notice with the Court on or before Friday, November 18, 2016. Clerk shall send Plaintiff the approved 1983 form, instructions, and a copy of her fi rst amended complaint (ECF No. 6). (Mailed to P 10/24/2016.) If Plaintiff chooses to file a second amended complaint, she must use the approved form and she shall write the words "Second Amended" above the words "Civil Rights Complai nt" in the caption. If Plaintiff does not either file a second amended complaint or a notice with the Court indicating her desire to proceed to mediation on her first amended complaint on or before Friday, November 18, 2016, the Court will sche dule an early Inmate mediation conference on the first amended complaint and deny any leave to file an amended complaint until after mediation. Signed by Magistrate Judge Nancy J. Koppe on 10/24/2016. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) TANYA HILL et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 MARGARET RUDIN, 2:15-cv-02503-MMD-NJK ORDER DISCUSSION 14 On September 12, 2016, this Court entered a screening order that permitted portions 15 of Plaintiff’s First, Eighth, and Fourteenth Amendment claims to proceed and dismissed several 16 defendants with prejudice. (ECF No. 7 at 8-9). The screening order stayed the case and 17 ordered the case to mediation. (Id. at 9). 18 On October 19, 2016, Plaintiff filed a motion to submit a second amended complaint. 19 (ECF No. 14). The Court grants Plaintiff’s motion to file a second amended complaint. (ECF 20 No. 14). If Plaintiff chooses to file a second amended complaint she is advised that a second 21 amended complaint supersedes (replaces) the original and first amended complaints and, thus, 22 the second amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. 23 Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a 24 party was named in the original complaint is irrelevant; an amended pleading supersedes the 25 original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that 26 for claims dismissed with prejudice, a plaintiff is not required to reallege such claims in a 27 subsequent amended complaint to preserve them for appeal). Plaintiff’s second amended 28 complaint must contain all claims, defendants, and factual allegations that Plaintiff wishes to 1 pursue in this lawsuit. Moreover, Plaintiff must file the second amended complaint on this 2 Court’s approved prisoner civil rights form and it must be entitled “Second Amended 3 Complaint.” 4 The Court notes that if Plaintiff chooses to file a second amended complaint, the Court 5 will not schedule an early mediation conference as directed by the September 12, 2016 6 screening order. Instead, the Court will screen Plaintiff’s second amended complaint and then 7 order the case to proceed to mediation if any of Plaintiff’s claims survive screening of the 8 second amended complaint. Plaintiff should be aware that the screening process will take 9 several months to complete. If Plaintiff would like her case to proceed now, she may file a 10 notice with the Court indicating her desire to proceed to mediation on her first amended 11 complaint. 12 II. For the foregoing reasons, IT IS ORDERED that the motion to submit a second 13 14 amended complaint (ECF No. 14) is GRANTED. IT IS FURTHER ORDERED that if Plaintiff chooses to file a second amended complaint, 15 16 CONCLUSION Plaintiff shall file the second amended complaint on or before Friday, November 18, 2016. 17 IT IS FURTHER ORDERED that if Plaintiff chooses not to file a second amended 18 complaint and would like to proceed to mediation on her first amended complaint, Plaintiff shall 19 file a notice with the Court on or before Friday, November 18, 2016. If Plaintiff chooses to 20 proceed to mediation on her first amended complaint, the Court will schedule an early inmate 21 mediation conference as soon as possible. 22 IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the 23 approved form for filing a § 1983 complaint, instructions for the same, and a copy of her first 24 amended complaint (ECF No. 6). If Plaintiff chooses to file a second amended complaint, she 25 must use the approved form and she shall write the words “Second Amended” above the 26 words “Civil Rights Complaint” in the caption. 27 .... 28 .... 2 1 IT IS FURTHER ORDERED that, if Plaintiff does not either file a second amended 2 complaint or a notice with the Court indicating her desire to proceed to mediation on her first 3 amended complaint on or before Friday, November 18, 2016, the Court will schedule an early 4 inmate mediation conference on the first amended complaint and deny any leave to file an 5 amended complaint until after mediation. 6 7 DATED: This 24th day of October, 2016. 8 9 10 _________________________________ NANCY J. KOPPE United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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