Singer v. Williams ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 MAURY A. SINGER, Case No. 2:20-cv-01556-GMN-EJY 5 Plaintiff, ORDER v. 6 BRIAN WILLIAMS, et al., 7 Defendants. 8 9 I. DISCUSSION 10 Plaintiff, who is incarcerated in the custody of the Nevada Department of 11 Corrections (“NDOC”), and proceeding pro se, initiated this case with a civil rights 12 complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1.) Upon review, the Court notes 13 that Plaintiff did not sign complaint. (Id). Under Rule 11 of the Federal Rules of Civil 14 Procedure, a plaintiff who is not represented by counsel is required to sign every pleading, 15 including a complaint. Fed. R. Civ. P. 11(a). Because Plaintiff did not sign the complaint, 16 the Court cannot consider it. 17 As such, the Court grants Plaintiff leave to file a fully complete and signed first 18 amended complaint within 30 days. If Plaintiff does not file a complete, signed, first 19 amended complaint, the court will dismiss this case without prejudice. 20 If Plaintiff chooses to file an amended complaint, he is advised that an amended 21 complaint supersedes (replaces) the original complaint, and, thus, the amended 22 complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & 23 Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was 24 named in the original complaint is irrelevant; an amended pleading supersedes the 25 original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding 26 that for claims dismissed with prejudice, a plaintiff is not required to reallege such claims 27 in a subsequent amended complaint to preserve them for appeal). Plaintiff’s amended complaint must contain all claims, defendants, and factual allegations that Plaintiff wishes 1 to pursue in this lawsuit. Moreover, Plaintiff must file the amended complaint on this 2 Court’s approved prisoner civil rights form, and it must be entitled “First Amended 3 Complaint.” 4 II. CONCLUSION 5 For the foregoing reasons, it is ordered that, the Court will not consider Plaintiff’s 6 unsigned complaint. 7 It is further ordered that if Plaintiff chooses to file an amended complaint, Plaintiff 8 will file the amended complaint within 30 days from the date of entry of this order. 9 It is further ordered that the Clerk of the Court will send to Plaintiff the approved 10 form for filing a § 1983 complaint, instructions for the same, and a copy of his complaint, 11 (ECF No. 1-1). If Plaintiff chooses to file an amended complaint, he must use the 12 approved form and he will write the words “First Amended” above the words “Civil Rights 13 Complaint” in the caption. 14 It is further ordered that, if Plaintiff does not timely file a complete, signed, amended 15 complaint, the Court will dismiss this case without prejudice. 16 DATED THIS _1_1__ day of June 2021. 17 18 Gloria M. Navarro, Judge 19 United States District Court 20 21 22 23 24 25 26 27