Banark v. Dzurenda et al

Filing 14

ORDER. IT IS ORDERED that 8 , 9 , 11 , 12 the motions for screening order/status checks are DENIED.IT IS FURTHER ORDERED that 4 , 5 , 6 , 13 the motions to correct complaint are DENIED. 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 1 -1 his complaint and 4 , 5 , 6 , 13 motions to correct complaint. See Order for details/deadlines. Signed by Magistrate Judge George Foley, Jr on 7/20/17. (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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Plaintiff,
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v.
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JAMES DZURENDA et al.,
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Defendants.
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___________________________________ )

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I.

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LONNIE LEE BANARK,

2:16-cv-02555-JCM-GWF
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has filed multiple motions to correct his complaint and multiple motions for a

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screening order/status check. (ECF No. 4, 5, 6, 8, 9, 11, 12, 13). The Court denies the

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motions for screening order/status checks. (ECF No. 8, 9, 11, 12). Plaintiff’s complaint is in

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line for screening. The Court will issue a screening order in due course.

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With respect to Plaintiff’s corrections, the Court will not piecemeal Plaintiff’s complaint

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together. Plaintiff’s operative complaint must contain all claims, defendants, and factual

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allegations that Plaintiff wishes to pursue in this lawsuit. As such, the Court denies the

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motions to correct errors in the complaint (ECF No. 4, 5, 6, 13) and grants Plaintiff leave to file

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a fully complete first amended complaint.

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If Plaintiff chooses to file a first amended complaint he is advised that a first amended

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complaint supersedes (replaces) the original complaint and, thus, the first amended complaint

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must be complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896

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F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original

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complaint is irrelevant; an amended pleading supersedes the original”); see also Lacey v.
Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for claims dismissed with

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prejudice, a plaintiff is not required to reallege such claims in a subsequent amended

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complaint to preserve them for appeal). Plaintiff’s first amended complaint must contain all

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claims, defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit.

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Moreover, Plaintiff must file the first amended complaint on this Court’s approved prisoner civil

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rights form and it must be entitled “First Amended Complaint.”

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II.

For the foregoing reasons, IT IS ORDERED that the motions for screening order/status

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checks (ECF No. 8, 9, 11, 12) are denied.
IT IS FURTHER ORDERED that the motions to correct complaint (ECF No. 4, 5, 6, 13)

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CONCLUSION

are denied.

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

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

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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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complaint and motions to correct complaint (ECF No. 1-1, 4, 5, 6, 13). If Plaintiff chooses to

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file a first amended complaint, he must use the approved form and he shall write the words

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“First Amended” above the words “Civil Rights Complaint” in the caption.

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IT IS FURTHER ORDERED that, if Plaintiff does not timely file a first amended

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complaint, the Court will screen the original complaint (ECF No. 1-1) only and strike all other

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corrections (ECF No. 4, 5, 6, 13) from the docket.

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DATED: This _____ day of July, 2017.
20th

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_________________________________
United States Magistrate Judge

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