Welch v. Dzurenda et al
ORDER. IT IS ORDERED that Plaintiff is granted leave to file a single complete second amended complaint. If Plaintiff chooses to file a second amended complaint, Plaintiff will file the second amended complaint within 30 days from the date of entry of this order. Signed by Magistrate Judge Brenda Weksler on 7/14/2021. (Copies have been distributed pursuant to the NEF -cc: Complaint/Instructions, initial complaint, the first amended complaint, and declarations sent to P - JQC)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KENTRELL D. WELCH,
Case No. 2:19-cv-01241-RFB-BNW
JAMES DZURENDA, et al.,
Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections
(“NDOC”), has filed a civil rights complaint, a first amended complaint, and two
declarations is, but it appears that Plaintiff wants the Court to consider the allegations in
his declarations together with his amended complaint.
(ECF Nos. 1-1, 2-1, 5, 6.)
It is not clear what the purpose of the
The Court will not piecemeal Plaintiff’s complaint together from multiple filings.
Plaintiff’s operative complaint must contain all claims, defendants, and factual allegations
that Plaintiff wishes to pursue in this lawsuit. As such, the Court grants Plaintiff leave to
file a fully complete second amended complaint within 30 days. If Plaintiff does not file a
fully complete amended complaint, the court will screen his first amended complaint (ECF
No. 2-1) and will not consider any allegations in Plaintiff’s additional filings.
If Plaintiff chooses to file a second amended complaint, he is advised that a second
amended complaint supersedes (replaces) the original complaint, and any previously filed
amended complaints, and, thus, the second amended complaint must be complete in
itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546
(9th Cir. 1989) (holding that “[t]he fact that a party was named in the original 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 prejudice,
a plaintiff is not required to reallege such claims in a subsequent amended complaint to
preserve them for appeal). Plaintiff’s second amended complaint must contain all claims,
defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit.
Moreover, Plaintiff must file the second amended complaint on this Court’s approved
prisoner civil rights form, and it must be entitled “Second Amended Complaint.”
For the foregoing reasons, IT IS ORDERED that Plaintiff is granted leave to file a
single complete second amended complaint. If Plaintiff chooses to file a second amended
complaint, Plaintiff will file the second amended complaint within 30 days from the date
of entry of this order.
IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the
approved form for filing a § 1983 complaint, instructions for the same, and a copy of his
initial complaint, the first amended complaint, and his declarations (ECF Nos. 1-1, 2-1, 5,
6). If Plaintiff chooses to file a second amended complaint, he must use the approved
form and he will write the words “Second Amended” above the words “Civil Rights
Complaint” in the caption.
IT IS FURTHER ORDERED that, if Plaintiff does not timely file a second amended
complaint, the Court will screen the first amended complaint (ECF No. 2-1) only and will
not consider any allegations in Plaintiff’s declarations.
Dated: July 14, 2021.
UNITED STATES MAGISTRATE JUDGE
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