Villatoro v. Preston et al

Filing 4

ORDER granting ECF No. 3 Motion to Amend/Correct Complaint; if Plaintiff chooses to file, Amended Complaint deadline is 7/13/2017; Clerk shall send Plaintiff the approved form for filing a § 1983 complaint, instructions and a c opy of his original complaint ECF No. 1 -1 (sent electronically to P via LCC law library on 06/13/2017); if Plaintiff chooses not to file an amended complaint, the Court will screen Plaintiff's original complaint ECF No. 1 -1. Signed by Magistrate Judge William G. Cobb on 06/13/2017. (Attachments: # 1 Civil Rights Complaint form, # 2 Instructions for Civil Right Complaint, # 3 copy of Complaint ECF No. 1 -1)(Copies have been distributed pursuant to the NEF - KW)

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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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PRESTON et al.,
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Defendants.
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___________________________________ )

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I.

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BALMORE ALEXANDER VILLATORO,

3:16-cv-00531-MMD-WGC
ORDER

DISCUSSION

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Plaintiff has filed a motion to amend his complaint but has not attached a proposed

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amended complaint. (ECF No. 3). The Court has not yet screened Plaintiff’s original

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complaint. The Court grants Plaintiff thirty (30) days to file an amended complaint. If Plaintiff

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chooses not to file an amended complaint within thirty (30) days, the Court will screen

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Plaintiff’s original complaint (ECF No. 1-1).

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

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

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must be complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896

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

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

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

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

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

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

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Plaintiff must file the amended complaint on this Court’s approved prisoner civil rights form and
it must be entitled “First Amended Complaint.”

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II.

For the foregoing reasons, IT IS ORDERED that the motion to amend complaint

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CONCLUSION

(ECF No. 3) is granted.

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IT IS FURTHER ORDERED that, if Plaintiff chooses to file an amended complaint,

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Plaintiff shall file the amended complaint within thirty (30) days from the date of entry of this

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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). If Plaintiff chooses to file an amended complaint, he must

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

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Rights Complaint” in the caption.

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IT IS FURTHER ORDERED that, if Plaintiff chooses not to file an amended complaint

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within thirty (30) days from the date of entry of this order, the Court will screen Plaintiff’s

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original complaint (ECF No. 1-1).

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DATED: June 13, 2017.

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_________________________________
United States Magistrate Judge

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