Tripp v. Clark County et al

Filing 8

ORDER that a decision re 1 Motion/Application for Leave to Proceed in forma pauperis is deferred. Further ordered that a decision re 4 Motion for Appointment of Counsel is deferred. Further ordered that, if plaintiff chooses to file an amended complaint curing the deficiencies of his complaint, as outlined in this order, plaintiff shall file the amended complaint within thirty (30) days from the date of entry of this order. Further ordered that the clerk of the court shall send to pla intiff the approved form for filing a § 1983 complaint, instructions for the same, and a copy of his original complaint (ECF No. 1-1). Further ordered that if plaintiff chooses not to file a first amended complaint, the court will issue a separate screening order on the original complaint (ECF No. 1-1) as docketed. Signed by Judge James C. Mahan on 7/23/2018. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

JUSTIN TRIPP,

Case No. 2:17-cv-01964-JCM-PAL
Plaintiff,

10

ORDER

v.
11
CLARK COUNTY, et al.,
12
Defendants.
13
14

Justin Tripp (“Plaintiff”), a prisoner in the custody of the Nevada Department of

15

Corrections (“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983,

16

filed an application to proceed in forma pauperis, and filed a motion for appointment of

17

counsel. (ECF Nos. 1, 1-1, 4). The matter of the filing fee and appointment of counsel

18

will be temporarily deferred. The court now turns to plaintiff’s civil rights complaint pursuant

19

to 28 U.S.C. § 1915A.

20

I.

21

LEAVE TO AMEND
It appears to the court that plaintiff’s complaint is missing several pages.

In

22

plaintiff’s letter to the court dated July 7, 2017, plaintiff states that his complaint is 23 pages

23

long. (ECF No. 1-2 at 3). Plaintiff’s complaint as docketed is only 18 pages long, and

24

does not include a request for relief, which generally falls at the end of a complaint. (See

25

ECF No. 1-1). Therefore, the court will give plaintiff leave to amend his complaint prior to

26

screening.

27

If plaintiff chooses to file an amended complaint he is advised that an amended

28

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

1

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

2

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

3

original complaint is irrelevant; an amended pleading supersedes the original”). Plaintiff’s

4

amended complaint must contain all claims, defendants, and factual allegations that

5

plaintiff wishes to pursue in this lawsuit. Moreover, plaintiff must file the amended

6

complaint on this court’s approved prisoner civil rights form and it must be entitled “First

7

Amended Complaint.”1

8

The court notes that if plaintiff chooses to file an amended complaint curing the

9

deficiencies, as outlined in this order, plaintiff shall file the amended complaint within thirty

10

(30) days from the date of entry of this order. If plaintiff chooses not to file an amended

11

complaint curing the stated deficiencies, this action shall be screened based on the original

12

complaint docketed at ECF No. 1-1.

13

II.

14
15
16
17

CONCLUSION
It is therefore ordered that a decision on the application to proceed in forma

pauperis (ECF No. 1) is deferred.
It is further ordered that a decision on the motion for appointment of counsel (ECF
No. 4) is deferred.

18

It is further ordered that, if plaintiff chooses to file an amended complaint curing the

19

deficiencies of his complaint, as outlined in this order, plaintiff shall file the amended

20

complaint within thirty (30) days from the date of entry of this order.

21

It is further ordered that the clerk of the court shall send to plaintiff the approved

22

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

23

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

24

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

25

Rights Complaint” in the caption.

26
27
28

1

If plaintiff so chooses, he may simply send the court a complete copy of his original
complaint, with a new title page entitled “First Amended Complaint.”
2

1

It is further ordered that if plaintiff chooses not to file a first amended complaint, the

2

court will issue a separate screening order on the original complaint (ECF No. 1-1) as

3

docketed.

4
5

July 23, of JULY
DATED THIS 19th day 2018. 2018.

6
7
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3