Hooks v. Bannister et al

Filing 6

ORDER Plaintiff shall file amended complaint in conformance with this order within 30 days. Clerk shall send to plaintiff blank civil rights complaint form and instructions (sent 3/14/13). Signed by Magistrate Judge William G. Cobb on 3/14/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JERRY HOOKS,
#87495

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Plaintiff,

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vs.

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BRUCE BANNISTER, et al.,

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Defendants.
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3:12-cv-00682-RCJ-WGC
ORDER

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Plaintiff submitted a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 as well
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as an application to proceed in forma pauperis on December 26, 2012 (ECF #1, #1-1). On January 28,
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2013, plaintiff filed a document that he styled “amendment and supplement to complaint” that was not
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on this court’s complaint form (ECF #3).
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First, plaintiff is informed that the court cannot refer to a prior pleading in order to make
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plaintiff’s amended complaint complete. Local Rule 15-1 requires that an amended complaint be
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complete in itself without reference to any prior pleading. This is because, as a general rule, an amended
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complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once
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plaintiff files an amended complaint, the original pleading no longer serves any function in the case.

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Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each

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defendant must be sufficiently alleged.

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Next, the Local Rules require plaintiffs appearing in pro se, such as this plaintiff, to file

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all of their complaints and petitions on the court’s approved forms. LSR 2-1(“[a] civil rights complaint

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filed by a person who is not represented by counsel shall be on the form provided by this court.”).

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Accordingly, plaintiff is granted 30 days to file an amended complaint on this court’s

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form that sets forth all claims that he wishes to bring in this action. The court notes that plaintiff has

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now submitted a 96-page original complaint and a 33-page purported amendment and supplement and

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appears to have named more than 40 defendants. Plaintiff is strongly cautioned that Fed. R. Civ. P.

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8(a)(2) requires “a short and plain statement of the claim showing that the pleader is entitled to relief”

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(emphasis added).1 Plaintiff is also encouraged to write in print that is large enough to be legible.
A decision on the application to proceed in forma pauperis (ECF #1) is temporarily

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deferred.

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IT IS THEREFORE ORDERED that plaintiff SHALL FILE an amended complaint
in conformance with this order within thirty (30) days of the date of entry of this order.

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IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a blank form for

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filing a civil rights complaint as well as the Information and Instructions for Filing a Civil Rights

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Complaint Pursuant to 42 U.S.C. § 1983 in the United States District Court for the District of Nevada.

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See also Information and Instructions for Filing a Civil Rights Complaint Pursuant to 42 U.S.C.
§ 1983 in the United States District Court for the District of Nevada: “The form provides three (3) pages
for alleging three (3) counts. If you are alleging more than three counts, use the additional space on the
last page, and if that is not enough, then attach an additional page for each additional count (so that there
is only one count per page). . . . Remember, you are limited to a total of two (2) additional pages for Part
B and C; if you have more than two (2) additional pages, you will also need to file a motion seeking
permission from the court to file the complaint.”
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IT IS FURTHER ORDERED that plaintiff is expressly warned that failure to file an
amended complaint in conformance with this order may result in the dismissal of this action.

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DATED: March 14, 2013.

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UNITED STATES MAGISTRATE JUDGE

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