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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 RHENETTA BELCHER, et al., 14 ) ) ) ) ) ) ) ) ) 15 On June 15, 2017, Plaintiff Belcher submitted an application to proceed in forma pauperis, 16 and Plaintiffs collectively submitted a complaint. Docket Nos. 1, 1-1. Although Plaintiff Belcher 17 has submitted a request to proceed in forma pauperis, none of the other plaintiffs has done so. This 18 case, therefore, cannot move forward until the issue of the filing fee, or permission for all plaintiffs 19 to proceed in forma pauperis, has been resolved. 11 Plaintiff(s), 12 AMBER BALTZLEY, et al., 13 Defendant(s). Case No. 2:17-cv-01675-JCM-NJK ORDER 20 Additionally, although the Court has not yet screened the complaint, the Court notes that 21 Plaintiffs have not alleged federal jurisdiction.1 The Court has a duty to ensure that it has subject 22 matter jurisdiction over the dispute before it. See, e.g., Fed. R. Civ. P. 12(h)(3). Federal courts are 23 courts of limited jurisdiction and possess only that power authorized by the Constitution and statute. 24 See Kokkonen v. Guardian Life Ins. Co. Of Am., 511 U.S. 375, 377 (1994). 25 26 27 28 1 The complaint suffers from additional defects that the Court declines to address because it appears to lack subject matter jurisdiction over this action. 1 Accordingly, IT IS ORDERED that: 2 1. Either the filing fee shall be paid or Plaintiffs Rudd and Tolentino shall each file 3 individual applications to proceed in forma pauperis, no later than July 21, 2017. 4 If the filing fee is not paid or the remaining Plaintiffs fail to file applications to 5 proceed in forma pauperis by July 21, 2017, the Court will recommend dismissal of 6 the instant action. 7 2. Plaintiffs shall have until July 21, 2017, to file an amended complaint that alleges 8 federal jurisdiction. If Plaintiffs choose to amend the complaint, Plaintiffs are 9 informed that the Court cannot refer to a prior pleading (i.e., their original 10 Complaint) in order to make the Amended Complaint complete. This is because, as 11 a general rule, an Amended Complaint supersedes the original Complaint. Local 12 Rule 15-1(a) requires that an Amended Complaint be complete in itself without 13 reference to any prior pleading. Once a plaintiff files an Amended Complaint, the 14 original Complaint no longer serves any function in the case. Therefore, in an 15 Amended Complaint, as in an original Complaint, each claim and the involvement 16 of each Defendant must be sufficiently alleged. If Plaintiffs choose not to file an 17 amended complaint, the Court will screen the existing complaint at Docket No. 1-1. 18 IT IS SO ORDERED. 19 DATED: June 23, 2017. 20 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 21 22 23 24 25 26 27 28 2

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