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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTONIO LEE MIXON,
Plaintiff,

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v.

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NEVADA DEPARTMENT OF
CORRECTIONS et al.,

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Defendants.
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2:16-cv-02490-RFB-VCF
ORDER

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I.

DISCUSSION

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On February 10, 2017, Plaintiff filed a motion to file an amended complaint but did not
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attach his proposed amended complaint. (ECF No. 7). The Court now grants the motion.
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Plaintiff is granted leave to file an amended complaint. If Plaintiff chooses to file an
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amended complaint, he is advised that an amended complaint supersedes (replaces) the
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original complaint and, thus, the amended complaint must be complete in itself. See Hal
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Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding
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that “[t]he fact that a party was named in the original complaint is irrelevant; an amended
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pleading supersedes the original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th
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Cir. 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 allegations that
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Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the amended complaint
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on this Court’s approved prisoner civil rights form and it must be entitled “First Amended
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Complaint.”
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The Court notes that if Plaintiff chooses to file an amended complaint, Plaintiff shall file

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the amended complaint within 30 days from the date of entry of this order. If Plaintiff chooses

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not to file an amended complaint, the Court will screen the original complaint (ECF No. 1-1).

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion for leave to file amended

complaint (ECF No. 7) is granted.

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IT IS FURTHER ORDERED that, if Plaintiff chooses to file an amended complaint,

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Plaintiff shall file the amended complaint within 30 days from the date of entry of this order.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the

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

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original complaint (ECF No. 1-1). If Plaintiff chooses to file an amended complaint, he must

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

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Rights Complaint” in the caption.

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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.

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_________________________________
United States Magistrate Judge

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