Belcher et al v. Baltzley et al

Filing 2

ORDER. IT IS ORDERED that either the filing fee shall be paid or Plaintiffs Rudd and Tolentino shall each file individual applications to proceed in forma pauperis, no later than 7/21/2017. Plaintiffs shall have until 7/21/2017, to file an amended complaint that alleges federal jurisdiction. See Order for further details. Signed by Magistrate Judge Nancy J. Koppe on 6/23/17. (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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RHENETTA BELCHER, et al.,

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On June 15, 2017, Plaintiff Belcher submitted an application to proceed in forma pauperis,

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and Plaintiffs collectively submitted a complaint. Docket Nos. 1, 1-1. Although Plaintiff Belcher

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has submitted a request to proceed in forma pauperis, none of the other plaintiffs has done so. This

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case, therefore, cannot move forward until the issue of the filing fee, or permission for all plaintiffs

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to proceed in forma pauperis, has been resolved.

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Plaintiff(s),

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AMBER BALTZLEY, et al.,
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Defendant(s).

Case No. 2:17-cv-01675-JCM-NJK
ORDER

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Additionally, although the Court has not yet screened the complaint, the Court notes that

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Plaintiffs have not alleged federal jurisdiction.1 The Court has a duty to ensure that it has subject

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matter jurisdiction over the dispute before it. See, e.g., Fed. R. Civ. P. 12(h)(3). Federal courts are

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courts of limited jurisdiction and possess only that power authorized by the Constitution and statute.

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See Kokkonen v. Guardian Life Ins. Co. Of Am., 511 U.S. 375, 377 (1994).

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The complaint suffers from additional defects that the Court declines to address because
it appears to lack subject matter jurisdiction over this action.

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Accordingly, IT IS ORDERED that:

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1.

Either the filing fee shall be paid or Plaintiffs Rudd and Tolentino shall each file

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individual applications to proceed in forma pauperis, no later than July 21, 2017.

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If the filing fee is not paid or the remaining Plaintiffs fail to file applications to

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proceed in forma pauperis by July 21, 2017, the Court will recommend dismissal of

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the instant action.

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2.

Plaintiffs shall have until July 21, 2017, to file an amended complaint that alleges

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federal jurisdiction. If Plaintiffs choose to amend the complaint, Plaintiffs are

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informed that the Court cannot refer to a prior pleading (i.e., their original

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Complaint) in order to make the Amended Complaint complete. This is because, as

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a general rule, an Amended Complaint supersedes the original Complaint. Local

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Rule 15-1(a) requires that an Amended Complaint be complete in itself without

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reference to any prior pleading. Once a plaintiff files an Amended Complaint, the

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original Complaint no longer serves any function in the case. Therefore, in an

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Amended Complaint, as in an original Complaint, each claim and the involvement

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of each Defendant must be sufficiently alleged. If Plaintiffs choose not to file an

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amended complaint, the Court will screen the existing complaint at Docket No. 1-1.

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IT IS SO ORDERED.

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DATED: June 23, 2017.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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