Coleman v. Erogul et al

Filing 4

ORDER that the motion to amend complaint ECF No. 3 is granted to the extent that Plaintiff may file a fully complete first amended complaint; first amended complaint due by 09/09/2018; Clerk directed to send to Plaintiff the instruct ions and approved § 1983 complaint form, and a copy of his complaint and supplement ECF Nos. 1 -1, 3 -1 (attached hereto and sent 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 only and strike his supplement ECF No. 3 -1 from the docket. Signed by Magistrate Judge William G. Cobb on 8/10/2018. (Attachments: # 1 Instructions, # 2 Civil Right 1983 complaint, # 3 complaint, # 4 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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***

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RONNIE MONEY COLEMAN,

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Plaintiff,

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Case No. 3:17-cv-00649-MMD-WGC
ORDER

v.
JOHN EROGUL, et al.,

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Defendants.

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I.

DISCUSSION

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

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has filed a motion to amend his complaint and has attached a supplemental pleading.

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(See ECF Nos. 3, 3-1). The Court will not piecemeal Plaintiff’s complaint together.

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

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that Plaintiff wishes to pursue in this lawsuit. As such, the Court grants the motion to

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amend to the extent that Plaintiff is granted leave to file a fully complete first amended

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complaint.

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

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

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amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard

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Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party

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was named in the original complaint is irrelevant; an amended pleading supersedes the

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original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding

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that for claims dismissed with prejudice, a plaintiff is not required to reallege such claims

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

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amended complaint must contain all claims, defendants, and factual allegations that

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Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the first amended

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complaint on this Court’s approved prisoner civil rights form and it must be entitled “First

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Amended Complaint.”

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II.

Plaintiff’s first

CONCLUSION

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

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(ECF No. 3) is granted to the extent that Plaintiff may file a fully complete first amended

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complaint.

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

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complaint, Plaintiff shall file the first amended complaint within 30 days from the date of

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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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complaint and supplement (ECF Nos. 1-1, 3-1). If Plaintiff chooses to file a first amended

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complaint, he must use the approved form and he shall write the words “First Amended”

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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 his

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supplement (ECF No. 3-1) from the docket.

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DATED: August 10, 2018.

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UNITED STATES MAGISTRATE JUDGE

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