McCallum v. Koehn et al

Filing 5

ORDER - A decision on the IFP application (ECF No. 1 ) is deferred. Clerk shall file the complaint (ECF No. 1 - 1). The entire complaint is dismissed, without prejudice, and with leave to amend, for failure to state a claim. Clerk shall send P laintiff the approved form for filing a § 1983 complaint, instructions for the same, and a copy of his original complaint (ECF No. 1-1). ( Doc attached hereto or distribution to P via NNCC law library. ) "First Amended" complaint due by 10/29/2017. Signed by Judge Miranda M. Du on 9/28/2017. (Attachments: # 1 1983 Complaint, # 2 1983 Instructions, # 3 Copy of Complaint)(Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
INSTRUCTIONS FOR FILING A CIVIL RIGHTS COMPLAINT
BY AN INMATE UNDER 42 U.S.C. § 1983
A.

Who May Use This Form

You must use the attached form if you are an inmate. The attached 42 U.S.C. § 1983
civil rights complaint form is designed to help inmates prepare a complaint seeking relief for
alleged violations of their federal civil rights. These complaints typically concern, but are not
limited to, conditions of confinement.
Do not use this form if you are challenging the length of your sentence or the validity of
your conviction. If you want to challenge a state conviction or sentence, you should file a
petition under 28 U.S.C. § 2254 for writ of habeas corpus by a person in state custody. If you
want to challenge a federal conviction or sentence, you should file a motion under 28 U.S.C. §
2255 to vacate sentence in the federal court that entered judgment.
B.

Filing a § 1983 Civil Rights Action

To initiate a § 1983 civil rights action, you must submit: (1) a completed complaint form
and (2) a check or money order for $400 (which includes the $350 filing fee and the $50
administrative fee), or an inmate application to proceed in forma pauperis.
If you have the money to pay the full $400 filing fee, please send a check or money
order made payable to “CLERK, U.S. DISTRICT COURT” with your complaint.
If you are unable to pay the entire filing fee at the time you submit your complaint, please
complete an inmate’s application to proceed in forma pauperis. You may request the packet
titled “Information for Filing an Application to Proceed In Forma Pauperis by an Inmate under 28
U.S.C. § 1915.”
In civil actions filed by pro se (self-represented) inmates, the action must be filed in the
unofficial division of the court in which the inmate is incarcerated when the complaint is
submitted for filing. See Local Rules of Practice for the United States District Court for the
District of Nevada (“LR”) IA 1-6, 1-8. The Clerk of the Court maintains offices in Las Vegas and
Reno at the following addresses:
Unofficial Southern Division (Clark, Esmeralda, Lincoln, & Nye counties):
U.S. District Court Office of the Clerk
333 Las Vegas Boulevard, South, Room #1334
Las Vegas, NV 89101
Unofficial Northern Division (all other counties):
U.S. District Court Office of the Clerk
400 S. Virginia Street, Room #301
Reno, NV 89501
If you are incarcerated at a facility that uses electronic filing, please continue to use
electronic filing.
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C.

Completing the Civil Rights Complaint Form

General Information
 You must complete the form in its entirety. All questions must be answered in order for
your action to proceed. Your responses must be typewritten or legibly handwritten. You
must sign page 9 of the form and declare under penalty of perjury that the facts stated in
the complaint are true and correct.


Do not write on the back of any of the pages. All information must be clearly and
concisely written in the space provided on the form. Do not write in the margins. If you
attach additional pages to the form, you must identify which section of the complaint is
being continued and number the pages accordingly (e.g., 2-A, 2-B, 3-A, 3-B, etc.).



All inmate-litigants are required to follow the Local Rules of Practice for the United
States District Court for the District of Nevada. A copy of the Local Rules is maintained
at each Nevada Department of Corrections Facility.

Heading/Caption
 Your Name: Print your full name, prison or inmate number, and institutional mailing
address on the lines provided.


Defendants: If there are five or fewer defendants, print the name of each. If you are
suing more than five defendants, print the name of the first defendant on the first line
and write “see additional pages for defendants” on the second line. On an additional
page, you must list the names of all defendants. Insert this additional page after page 1
and number the page “1-A” at the bottom.



Jury Demand: If you want a jury trial, you must write “JURY TRIAL DEMANDED” in the
space below “CIVIL RIGHTS COMPLAINT PURSUANT TO 42 U.S.C. § 1983.”



Bivens Action: If you are filing a complaint in which you are naming a federal officer as a
defendant instead of a state, county, or city official, you should cross out “42 U.S.C. §
1983” and below it write “BIVENS ACTION.”

Part A: Jurisdiction
 Page 1: Fill in all of the requested information about you on page 1 in the spaces
provided.


Page 2: Fill in all of the requested information about each of the defendants in the
spaces provided. If you are naming more than five defendants, then make a copy of
page 2 of the form and provide the necessary information for the additional defendants.
Label the page(s) “2-A”, “2-B”, etc. at the bottom of the page and insert the additional
page(s) immediately behind page 2.



Page 3: If you wish to assert jurisdiction under a different or additional statute(s), list
them on page 3.

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Part B: Nature of the Case
 Briefly give an overview of your case by providing general facts about your case. This is
not the place to provide detailed information about what each defendant did to violate
your rights (see Part C).
Part C: Cause of Action
 This is where you identify what rights you claim the defendant(s) violated. The form
provides three pages for alleging three counts. If you are alleging more than three
counts, then attach an additional page for each additional count (so that there is only
one count per page). Number the additional pages “6-A”, “6-B”, etc. and insert the
pages immediately behind page 6.


You must identify which civil rights you claim have been violated.



You need to state facts supporting the violation. You should be as specific as possible
and describe what each individual defendant did to violate your rights. You should name
the individual defendants and include dates when possible.

Part D: Previous Lawsuits and Administrative Relief
 You must identify any other lawsuit you have filed in either state or federal court that
relates to the same or similar claims that you have alleged in this civil rights complaint.


You must exhaust any available administrative remedies before you file a civil rights
complaint. See 42 U.S.C. § 1997e. Consequently, you should disclose whether you
have exhausted the inmate grievance procedures or administrative appeals for each
claim in your complaint. If the grievance procedures were not available for any of your
claims, fully explain why on the lines provided.

Part E: Request for Relief
 Print the relief you are seeking in the space provided.
Signature
 You must sign your name and print the date you signed the complaint. Failure to sign
the complaint will delay the processing of your action. If someone wrote this civil rights
complaint for you (such as an inmate law clerk), that person must write their name on
the line next to your signature.
D.

Amended Complaints

If you need to change any information in the initial complaint, you must file an amended
complaint. The amended complaint must be written on the court-approved civil rights form. The
amended complaint must be complete in itself and may not incorporate by reference any part of
your prior complaint. Any allegations or defendants not included in the amended complaint are
considered abandoned. Please refer to LR 15-1 and Fed. R. Civ. P. 15 for how and when a
party may move the court to file an amended complaint.

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