King v. Cox et al

Filing 7

ORDER giving Plaintiff 30 days to file a second amended complaint; directing Clerk to send Plaintiff a 1983 form, instructions, and papers (mailed 1/27/2015). (Amended Complaint deadline: 2/26/2015.) Signed by Magistrate Judge William G. Cobb on 1/27/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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JAMES G. COX et al.,
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Defendants.
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___________________________________ )

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I.

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RASHON KALANI-KAI KING,

3:14-cv-528-MMD-WGC
ORDER

DISCUSSION

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On January 23, 2015, Plaintiff informed the Court that it had erroneously filed his

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amended complaint for this case in a separate action. (ECF No. 3). On January 26, 2015, the

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Court administratively closed the second case and filed Plaintiff’s amended complaint and

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motion for appointment of counsel in this case. (ECF No. 5, 6).

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In his letter, Plaintiff explained that he had filed an amended complaint because he

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needed to add something to the original complaint. (ECF No. 3 at 1). The amended complaint

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adds one claim but does not reiterate the claims alleged in Plaintiff’s original complaint.

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(Compare ECF No. 1-1with ECF No. 5).

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Plaintiff is granted leave to file a second amended complaint. If Plaintiff chooses to file

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a second amended complaint he is advised that an amended complaint supersedes the

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original complaint and, thus, the second amended complaint must be complete in itself. See

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Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989)

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(holding that “[t]he fact that a party was named in the original complaint is irrelevant; an

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amended pleading supersedes the original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896,

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928 (9th Cir. 2012) (holding that for claims dismissed with prejudice, a plaintiff is not required

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to reallege such claims in a subsequent amended complaint to preserve them for appeal).

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Plaintiff’s second amended complaint must contain all claims, defendants, and factual

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allegations that Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the

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second amended complaint on this Court’s approved prisoner civil rights form and it must be

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entitled “Second Amended Complaint.”

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The Court notes that if Plaintiff chooses to file a second amended complaint, Plaintiff

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shall file the second amended complaint within 30 days from the date of entry of this order.

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If Plaintiff chooses not to file a second amended complaint, the Court shall screen the first

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amended complaint only.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that if Plaintiff chooses to file a second

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amended complaint, Plaintiff shall file the second amended complaint within 30 days from the

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date of entry of this order.

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IT IS FURTHER ORDERED that the Clerk of the Court shall 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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original complaint (ECF No. 1-1) and first amended complaint (ECF No. 5). If Plaintiff chooses

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to file a second amended complaint, he must use the approved form and he shall write the

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words “Second Amended” above the words “Civil Rights Complaint” in the caption.

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IT IS FURTHER ORDERED that if Plaintiff chooses not to file a second amended
complaint, the Court shall screen the first amended complaint only.

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DATED: This 27th day of January, 2015.

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_________________________________
United States Magistrate Judge

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