Welch v. Dzurenda et al

Filing 11

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KENTRELL D. WELCH,

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Plaintiff

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Case No. 2:19-cv-01241-RFB-BNW
ORDER

v.
JAMES DZURENDA, et al.,

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Defendants

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I.

DISCUSSION

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Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections

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(“NDOC”), has filed a civil rights complaint, a first amended complaint, and two

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“declarations.”

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declarations is, but it appears that Plaintiff wants the Court to consider the allegations in

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his declarations together with his amended complaint.

(ECF Nos. 1-1, 2-1, 5, 6.)

It is not clear what the purpose of the

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The Court will not piecemeal Plaintiff’s complaint together from multiple filings.

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Plaintiff’s operative complaint must contain all claims, defendants, and factual allegations

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that Plaintiff wishes to pursue in this lawsuit. As such, the Court grants Plaintiff leave to

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file a fully complete second amended complaint within 30 days. If Plaintiff does not file a

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fully complete amended complaint, the court will screen his first amended complaint (ECF

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No. 2-1) and will not consider any allegations in Plaintiff’s additional filings.

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If Plaintiff chooses to file a second amended complaint, he is advised that a second

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amended complaint supersedes (replaces) the original complaint, and any previously filed

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amended complaints, and, thus, the second amended complaint must be complete in

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itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546

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(9th Cir. 1989) (holding that “[t]he fact that a party was named in the original complaint is

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irrelevant; an amended pleading supersedes the original”); see also Lacey v. Maricopa

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Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for claims dismissed with prejudice,

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a plaintiff is not required to reallege such claims in a subsequent amended complaint to

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preserve them for appeal). Plaintiff’s second amended complaint must contain all claims,

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defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit.

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Moreover, Plaintiff must file the second amended complaint on this Court’s approved

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prisoner civil rights form, and it must be entitled “Second Amended Complaint.”

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that Plaintiff is granted leave to file a

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single complete second amended complaint. If Plaintiff chooses to file a second amended

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complaint, Plaintiff will file the second amended complaint within 30 days from the date

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of entry of this order.

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IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the

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

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initial complaint, the first amended complaint, and his declarations (ECF Nos. 1-1, 2-1, 5,

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6). If Plaintiff chooses to file a second amended complaint, he must use the approved

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form and he will write the words “Second Amended” above the words “Civil Rights

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Complaint” in the caption.

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IT IS FURTHER ORDERED that, if Plaintiff does not timely file a second amended

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complaint, the Court will screen the first amended complaint (ECF No. 2-1) only and will

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not consider any allegations in Plaintiff’s declarations.

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Dated: July 14, 2021.

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UNITED STATES MAGISTRATE JUDGE

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