Brooks v. Rigney

Opinion

2 2 3 UNITED STATES DISTRICT COURT 3 4 DISTRICT OF NEVADA 4 5 5 ANTHONY BROOKS, Case No.: 2:23-cv-00982-GMN-NJK 6 6 Plaintiff, 7 ORDER 7 v. 8 8 CURTIS RIGNEY, et al., 9 9 Defendants. 10 10 11 On June 26, 2023, pro se plaintiff Anthony Brooks, an inmate in the custody of the Nevada 11 12 Department of Corrections, submitted a complaint under 42 U.S.C. § 1983 and applied to proceed 12 13 in forma pauperis. Docket Nos. 1, 1-1. Upon review, the Court notes that Plaintiff did not sign 13 14 the complaint. See Docket No. 1-1 at 10. “A civil action is commenced by filing a complaint with 14 15 the court.” Fed. R. Civ. P. 3. Further, a plaintiff who is not represented by counsel must personally 15 16 sign his or her complaint. Id. at 11(a). 16 17 The Court cannot consider the complaint that Plaintiff submitted because Plaintiff did not 17 18 sign it. The Court grants Plaintiff a one-time extension to file a signed amended complaint with 18 19 the Court. Submission of a mere signature page will not be sufficient. Plaintiff is advised that an 19 20 amended complaint replaces the original complaint, so the amended complaint must be complete 20 21 in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 21 22 1989). This means the amended complaint must contain all claims, defendants, and factual 22 23 allegations that Plaintiff wishes to pursue in this action. 23 24 Accordingly, for the reasons stated above, 24 25 IT IS ORDERED that, no later than August 14, 2023, Plaintiff must file a signed amended 25 26 complaint. If Plaintiff chooses to file an amended complaint, he should use this Court’s approved 26 27 prisoner civil rights form, and it must be titled “First Amended Complaint.” 27 28 28 1 IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, this 3| action will be subject to dismissal without prejudice. A dismissal without prejudice allows 3| Plaintiff to refile the case with the Court, under a new case number, when Plaintiff can file a signed 4| complaint. 5 The Clerk of the Court is INSTRUCTED to send Plaintiff Anthony Brooks the approved 6| form for filing a § 1983 complaint, instructions for the same, and a copy of the complaint, Docket 7| No. 1-1; and to retain the complaint, Docket No. 1-1, but not file it at this time. 8 IT IS SO ORDERED. 9 DATED: July 14, 2023. 10

UNITED-STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28