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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?