Shirron Gayles-Zanders v. W. Ruebart, et al.

Opinion

3 SHIRRON GAYLES-ZANDERS, Case No. 2:25-cv-00830-GMN-EJY

4 Plaintiff

5 v. ORDER DIRECTING PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT 6 W. RUEBART, et al.,

7 Defendants

8 10 Plaintiff Shirron Gayles-Zanders, who is incarcerated in the custody of the Nevada 11 Department of Corrections (“NDOC”), has submitted a Civil Rights Complaint pursuant to 12 42 U.S.C. § 1983 (ECF No. 1-1), a Motion to Defer Costs of Complaint and Administration 13 Fees (ECF No. 1-2), a Motion to Amend (ECF No. 5), and an Omnibus Motion to Amend 14 Complaint (ECF No. 6). Plaintiff paid the full filing fee for a civil action. (ECF No. 4). 15 The Court denies the Motion to Defer Costs of Complaint and Administration Fees 16 (ECF No. 1-2) as moot because Plaintiff paid the full filing fee for this civil action. 17 In the motions to amend, Plaintiff seeks to add more claims to her original 18 complaint, correct the spelling of defendants’ names, and to increase the amounts of the 19 monetary relief sought. (ECF Nos. 5, 6). The Court grants Plaintiff’s motions to amend in 20 part and gives Plaintiff leave to file one fully complete first amended complaint containing 21 the claims she seeks to pursue in this lawsuit. However, the Court will not piecemeal 22 Plaintiff’s complaint together. Plaintiff’s operative complaint must contain all claims, 23 defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. 24 If Plaintiff chooses to file a first amended complaint, she is advised that a first 25 amended complaint supersedes (replaces) the original complaint and, thus, the first 26 amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard 27 Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party 28 was named in the original complaint is irrelevant; an amended pleading supersedes the original’); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding 2 that for claims dismissed with prejudice, a plaintiff is not required to reallege such claims 3] in a subsequent amended complaint to preserve them for appeal). Plaintiff's first 4} amended complaint must contain all claims, defendants, and factual allegations that she 5 wishes to pursue in this lawsuit. Moreover, Plaintiff must file the first amended complaint this Court’s approved prisoner civil rights form, and it must be entitled “First Amended 7 Complaint.” 8] Il. CONCLUSION 9 It is therefore Ordered that the Motion to Defer Costs of Complaint and Administration Fees (ECF No. 1-2) is denied as moot. 11 It is further Ordered that the motions to amend (ECF Nos. 5, 6) are granted in part. 12 It is further Ordered that, if Plaintiff chooses to file a first amended complaint, 13 Plaintiff will file the first amended complaint within 30 days from the date of entry of this order. 15 It is further Ordered that the Clerk of the Court will send to Plaintiff the approved 16 form for filing a § 1983 complaint, instructions for the same, and copies of her Complaint and motions to amend (ECF Nos. 1-1, 5, 6). If Plaintiff chooses to file a first amended 18 complaint, she must use the approved form, and she will mark the box “First Amended Complaint” in the caption. 20 It is further Ordered that, if Plaintiff does not timely file a first amended complaint, 21 the Court will screen the original complaint (ECF No. 1-1) only. 22 23 DATED: December 22, 2025. 24 hp, Ghu-. | 25 Gloria M. yaparro, Judge 26 United States District Court 27 28

-2-