Welch v. Liggett

Opinion

5 * * *

6 KENTRELL D. WELCH, Case No. 2:19-cv-01243-APG-NJK

7 Plaintiff, ORDER v. 8 (Docket Nos. 17, 19) LIGGETT, et al., 9 Defendants. 10 11 Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections 12 (“NDOC”), has filed two motions for leave to file an amended complaint with what appears to be 13 supplemental allegations to counts in his original complaint. Docket Nos. 17, 19. He has not filed 14 a complete amended complaint. 15 The Court will not piecemeal documents together to determine whether Plaintiff states a 16 colorable claim. The Court therefore declines to screen Plaintiff’s complaint at this time and grants 17 Plaintiff leave to file a complete First Amended Complaint. 18 The Court notes that, if Plaintiff chooses to file a complete amended complaint, Plaintiff 19 shall file that amended complaint no later than November 21, 2019. If Plaintiff chooses not to file 20 a complete amended complaint, the Court will screen Plaintiff’s original complaint, Docket No. 1- 21 1, only. 22 If Plaintiff chooses to file a complete amended complaint, he is advised that an amended 23 complaint supersedes (replaces) the original complaint and, thus, the amended complaint must be 24 complete in itself without reference to any other complaint. See Hal Roach Studios, Inc. v. Richard 25 Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was 26 named in the original complaint is irrelevant; an amended pleading supersedes the original”). 27 Moreover, Plaintiff should file the amended complaint on this Court’s approved prisoner civil rights 28 form, and it must be entitled “First Amended Complaint.” 1 || II. Conclusion 2 For the foregoing reasons, it is therefore ordered that Plaintiffs motions for leave to file an 3 || amended complaint, Docket Nos. 17, 19, are DENIED without prejudice. 4 It is further ordered that, if Plaintiff chooses to file an amended complaint, as outlined in 5 || this order, Plaintiff shall file the complete amended complaint no later than November 21, 2019. 6 It is further ordered that the Clerk of the Court shall send to Plaintiff the approved form for 7 || filing a § 1983 complaint, instructions for the same, a copy of his original complaint, Docket No. 8 || 1-1, and a copy of the motions for leave to file an amended complaint, Docket Nos. 17, 19. If Q || Plaintiff chooses to file an amended complaint, he must use the approved form and he shall write 10 || the words “First Amended” above the words “Civil Rights Complaint” in the caption. 11 It is further ordered that, if Plaintiff chooses not to file an amended complaint by November 12 || 21, 2019, the Court will screen Plaintiff's original complaint, Docket No. 1-1, only. 13 DATED: October 22, 2019. 14 it 15 fo Le \ xe 16 oe 1. site UNITEDSTATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28