Mixon v. Nevada Department of Corrections et al

Filing 8

ORDER. IT IS ORDERED that 7 the motion for leave to file amended complaint is granted. IT IS FURTHER ORDERED that, if Plaintiff chooses to file an amended complaint, Plaintiff shall file the amended complaint within 30 days from the date of entry of this order. IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, and a copy of his original complaint 1 -1. If Plaintiff chooses to file an amended complaint, he must use the approved form and he shall write the words "First Amended" above the words "Civil Rights Complaint" in the caption. IT IS FURTHER ORDERED that, if Plaintiff chooses not to file an amended complaint, the Court will screen the original complaint. Signed by Magistrate Judge Cam Ferenbach on 2/14/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 ANTONIO LEE MIXON, Plaintiff, 8 v. 9 10 NEVADA DEPARTMENT OF CORRECTIONS et al., 11 Defendants. 12 ) ) ) ) ) ) ) ) ) ) ) 2:16-cv-02490-RFB-VCF ORDER ___________________________________ 13 I. DISCUSSION 14 On February 10, 2017, Plaintiff filed a motion to file an amended complaint but did not 15 attach his proposed amended complaint. (ECF No. 7). The Court now grants the motion. 16 Plaintiff is granted leave to file an amended complaint. If Plaintiff chooses to file an 17 amended complaint, he is advised that an amended complaint supersedes (replaces) the 18 original complaint and, thus, the amended complaint must be complete in itself. See Hal 19 Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding 20 that “[t]he fact that a party was named in the original complaint is irrelevant; an amended 21 pleading supersedes the original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th 22 Cir. 2012) (holding that for claims dismissed with prejudice, a plaintiff is not required to 23 reallege such claims in a subsequent amended complaint to preserve them for appeal). 24 Plaintiff’s amended complaint must contain all claims, defendants, and factual allegations that 25 Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the amended complaint 26 on this Court’s approved prisoner civil rights form and it must be entitled “First Amended 27 Complaint.” 28 The Court notes that if Plaintiff chooses to file an amended complaint, Plaintiff shall file 1 the amended complaint within 30 days from the date of entry of this order. If Plaintiff chooses 2 not to file an amended complaint, the Court will screen the original complaint (ECF No. 1-1). 3 II. 4 5 CONCLUSION For the foregoing reasons, IT IS ORDERED that the motion for leave to file amended complaint (ECF No. 7) is granted. 6 IT IS FURTHER ORDERED that, if Plaintiff chooses to file an amended complaint, 7 Plaintiff shall file the amended complaint within 30 days from the date of entry of this order. 8 IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the 9 approved form for filing a § 1983 complaint, instructions for the same, and a copy of his 10 original complaint (ECF No. 1-1). If Plaintiff chooses to file an amended complaint, he must 11 use the approved form and he shall write the words “First Amended” above the words “Civil 12 Rights Complaint” in the caption. 13 14 15 16 IT IS FURTHER ORDERED that, if Plaintiff chooses not to file an amended complaint, the Court will screen the original complaint. 14th DATED: This _____ day of February, 2017. 17 18 _________________________________ United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2

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