Morales v. Holiday by Atria Senior Living

Filing 7

ORDER - IT IS ORDERED that the Court sua sponte extends time for Morales to file his amended complaint. Amended Complaint deadline: 6/10/2024. Signed by Magistrate Judge Carla Baldwin on 5/10/2024. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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OSCAR MORALES,

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Case No. 3:24-CV-00136-MMD-CLB
Plaintiff,

v.

ORDER EXTENDING TIME TO FILE
AMENDED COMPLAINT

HOLIDAY BY ATRIA SENIOR LIVING,
Defendant.

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On March 22, 2024, Plaintiff Oscar Morales (“Morales”) filed an application to

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proceed in forma pauperis (ECF No. 1), and his pro se civil rights complaint (ECF No. 1-

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1). On April 9, 2024, the Court granted the application to proceed in forma pauperis and

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dismissed the complaint without prejudice and with leave to amend. (ECF No. 4.) The

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Court ordered that, if Morales chooses to file an amended complaint curing the

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deficiencies of the original complaint, he must file the amended complaint within 30 days

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from the date of entry of the order or by May 9, 2024. The Court also cautioned Morales

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that if he chooses not to file an amended complaint curing the stated deficiencies, the

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Court will recommend dismissal of the action. While Morales submitted his notice of right

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to sue letter, (ECF No. 6), he did not file an amended complaint in compliance with the

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Court’s screening order, (ECF No. 4).

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In light of Morales’s pro se status and for good cause appearing, the Court will sua

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sponte grant Morales a 30-day extension of time to file his amended complaint.

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Accordingly, Morales is granted leave to file an amended complaint to cure the

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deficiencies of the original complaint. If Morales chooses to file an amended complaint,

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he is advised that an amended complaint supersedes (replaces) the original complaint

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and, thus, the amended complaint must be complete in itself. See Hal Roach Studios,

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

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fact that a party was named in the original complaint is irrelevant; an amended pleading

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supersedes the original”). Any allegations, parties, or requests for relief from prior papers

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that are not carried forward will no longer be before the court. Morales should clearly title

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the amended pleading as “First Amended Complaint.” For each claim, he must allege true

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facts sufficient to show that the Defendant discriminated against him. Morales may not

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amend the complaint to add unrelated claims against other defendants.

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The Court notes that, if Morales chooses to file an amended complaint curing the

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deficiencies, as outlined in this order, Morales must file the amended complaint within

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30 days from the date of entry of this order. If Morales chooses not to file an amended

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complaint curing the stated deficiencies, the Court will recommend dismissal of the

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action.
Accordingly, IT IS ORDERED that the Court sua sponte extends time for Morales
to file his amended complaint.

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

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curing the deficiencies of his complaint, as outlined in the screening order, Morales shall

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file the amended complaint by no later than June 10, 2024.

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Morales is advised that the original complaint (ECF No. 1-1) no longer serves any

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function in this case. As such, the amended complaint must be complete in and of itself

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without reference to prior pleadings or document. The Court cannot refer to a prior

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pleading or other documents to find Morales's amended complaint is complete.

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IT IS FURTHER ORDERED that if Morales chooses not to file an amended

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complaint curing the stated deficiencies, the Court will recommend dismissal of the

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complaint.

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May 10, 2024
DATED: ___________________.

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UNITED STATES MAGISTRATE JUDGE

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