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)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
12
)
)
Plaintiff,
)
)
v.
)
)
JAMES DZURENDA et al.,
)
)
Defendants.
)
)
___________________________________ )
13
I.
7
8
9
10
11
LONNIE LEE BANARK,
2:16-cv-02555-JCM-GWF
ORDER
DISCUSSION
14
Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections
15
(“NDOC”), has filed multiple motions to correct his complaint and multiple motions for a
16
screening order/status check. (ECF No. 4, 5, 6, 8, 9, 11, 12, 13). The Court denies the
17
motions for screening order/status checks. (ECF No. 8, 9, 11, 12). Plaintiff’s complaint is in
18
line for screening. The Court will issue a screening order in due course.
19
With respect to Plaintiff’s corrections, the Court will not piecemeal Plaintiff’s complaint
20
together. Plaintiff’s operative complaint must contain all claims, defendants, and factual
21
allegations that Plaintiff wishes to pursue in this lawsuit. As such, the Court denies the
22
motions to correct errors in the complaint (ECF No. 4, 5, 6, 13) and grants Plaintiff leave to file
23
a fully complete first amended complaint.
24
If Plaintiff chooses to file a first amended complaint he is advised that a first amended
25
complaint supersedes (replaces) the original complaint and, thus, the first amended complaint
26
must be complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896
27
F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original
28
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
1
prejudice, a plaintiff is not required to reallege such claims in a subsequent amended
2
complaint to preserve them for appeal). Plaintiff’s first amended complaint must contain all
3
claims, defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit.
4
Moreover, Plaintiff must file the first amended complaint on this Court’s approved prisoner civil
5
rights form and it must be entitled “First Amended Complaint.”
6
II.
For the foregoing reasons, IT IS ORDERED that the motions for screening order/status
7
8
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)
9
10
CONCLUSION
are denied.
11
IT IS FURTHER ORDERED that, if Plaintiff chooses to file a first amended complaint,
12
Plaintiff shall file the first amended complaint within 30 days from the date of entry of this
13
order.
14
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the
15
approved form for filing a § 1983 complaint, instructions for the same, and a copy of his
16
complaint and motions to correct complaint (ECF No. 1-1, 4, 5, 6, 13). If Plaintiff chooses to
17
file a first amended complaint, he must use the approved form and he shall write the words
18
“First Amended” above the words “Civil Rights Complaint” in the caption.
19
IT IS FURTHER ORDERED that, if Plaintiff does not timely file a first amended
20
complaint, the Court will screen the original complaint (ECF No. 1-1) only and strike all other
21
corrections (ECF No. 4, 5, 6, 13) from the docket.
22
23
DATED: This _____ day of July, 2017.
20th
24
25
_________________________________
United States Magistrate Judge
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?