Walker v. Baker

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 CODIE WALKER, Case No. 2:19-cv-02221-GMN-DJA 4 Plaintiff, ORDER 5 v.

6 RENEE BAKER, et al.,

7 Defendants.

8 9 I. DISCUSSION 10 Plaintiff has filed a motion requesting a copy of the docket sheet (ECF No. 3) and 11 a motion requesting leave to file an amended complaint (ECF No. 4). The Court grants 12 both motions. The Court grants Plaintiff leave to file a fully complete first amended 13 complaint within 30 days. If Plaintiff does not file a fully complete amended complaint, 14 the court will screen his initial complaint (ECF No. 1-1). 15 If Plaintiff chooses to file a first amended complaint, he is advised that a first 16 amended complaint supersedes (replaces) the original complaint, and, thus, the first 17 amended complaint must be complete by itself. See Hal Roach Studios, Inc. v. Richard 18 Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party 19 was named in the original complaint is irrelevant; an amended pleading supersedes the 20 original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding 21 that for claims dismissed with prejudice, a plaintiff is not required to reallege such claims 22 in a subsequent amended complaint to preserve them for appeal). Plaintiff’s first 23 amended complaint must contain all claims, defendants, and factual allegations that 24 Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the first amended 25 complaint on this Court’s approved prisoner civil rights form, and it must be entitled “First 26 Amended Complaint.” 27 /// 28 /// 1 II. CONCLUSION 2 For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion for a copy of the 3 docket sheet (ECF No. 3) is granted. The Clerk of the Court will send to Plaintiff a 4 courtesy copy of the docket sheet. 5 IT IS FURTHER ORDERED that Plaintiff’s motion for leave to file an amended 6 complaint (ECF No. 4) is granted. The Clerk of the Court will send to Plaintiff the approved 7 form for filing a § 1983 complaint, instructions for the same, and a copy of his complaint 8 (ECF No. 1-1). If Plaintiff chooses to file a first amended complaint, he must use the 9 approved form and he will write the words “First Amended” above the words “Civil Rights 10 Complaint” in the caption. 11 IT IS FURTHER ORDERED that if Plaintiff chooses to file an amended complaint, 12 Plaintiff will file the amended complaint within 30 days from the date of entry of this order. 13 If Plaintiff does not file a first amended complaint within 30 days, the Court will screen 14 Plaintiff’s initial complaint (ECF No. 1-1). 15 16 DATED this 3rd day of December 2020. 17

18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28