DeLoney v. Snyder et al

Filing 13

ORDER that the motion for status check ECF No. 11 is denied; the motions to supplement complaint ECF Nos. 5 and [ 9] are denied; if Plaintiff chooses to file a first amended complaint, Plaintiff shall file the first amended complaint by 09/06/2 017 using the approved form and write the words First Amended above the words Civil Rights Complaint in the caption (form attached); the Clerk is directed to send to Plaintiff the approved instructions, form for filing a § 1983 complaint, a cop y of his complaint and motions to supplement complaint ECF Nos. 1 -1, 5 , and 9 (sent to P via NNCC law library); if Plaintiff does not timely file a first amended complaint, the Court will screen the original complaint ECF No. 1 -1) onl y and strike all other supplements ECF Nos. 5 and 9 from the docket. Signed by Magistrate Judge William G. Cobb on 08/07/2017. (Attachments: # 1 1983 Instructions, # 2 1983 Complaint Form, # 3 Copy of Plaintiff's Complaint, # 4 Copy of ECF No. 5 Supplement, # 5 Copy of ECF No. 9 Supplement)(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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RICHARD SNYDER et al.,
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Defendants.
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___________________________________ )

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I.

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DONALD DELONEY,

3:16-cv-00732-MMD-WGC
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has filed multiple motions to supplement his complaint and a motion for status

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check. (ECF No. 5, 9, 11). The Court denies the motion for status check. (ECF No. 11,).

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Plaintiff’s complaint is in line for screening. The Court will issue a screening order in due

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course.

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With respect to Plaintiff’s supplements, the Court will not piecemeal Plaintiff’s complaint

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

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allegations that Plaintiff wishes to pursue in this lawsuit. As such, the Court denies the

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motions to supplement the complaint (ECF No. 5, 9) and grants Plaintiff leave to file a fully

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complete first amended complaint.

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

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complaint supersedes (replaces) the original complaint and, thus, the first 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.
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 first amended complaint must contain all

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

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Moreover, Plaintiff must file the first amended complaint on this Court’s approved prisoner civil

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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 for status check (ECF No.

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11) is denied.
IT IS FURTHER ORDERED that the motions to supplement complaint (ECF No. 5, 9)

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CONCLUSION

are denied.

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

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Plaintiff shall file the first amended complaint within 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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complaint and motions to supplement complaint (ECF No. 1-1, 5, 9). If Plaintiff chooses to file

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a first amended complaint, he must use the approved form and he shall write the words “First

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

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

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complaint, the Court will screen the original complaint (ECF No. 1-1) only and strike all other

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supplements (ECF No. 5, 9) from the docket.

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7th
DATED: This _____ day of August, 2017.

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_________________________________
United States Magistrate Judge

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