Pirtle v. Rosa ( 2021 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 PETER PIRTLE, Case No. 3:21-cv-00324-MMD-CLB 5 Plaintiff ORDER 6 v. 7 NURSE ROSA, et al., 8 Defendants 9 10 I. DISCUSSION 11 On July 27, 2021, Plaintiff, an inmate in the custody of the Nevada Department of 12 Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and later 13 filed an application to proceed in forma pauperis. (ECF Nos. 1-1, 4). Plaintiff’s complaint 14 is incomplete. 15 Upon review, the Court notes that Plaintiff did not sign the complaint. (ECF No. 1- 16 1 at 13). Under Rule 11 of the Federal Rules of Civil Procedure, a plaintiff who is not 17 represented by counsel is required to sign his complaint. Fed. R. Civ. P. 11(a). Because 18 Plaintiff did not sign the complaint, the Court cannot consider it. 19 As such, the Court grants Plaintiff a one-time extension to submit a signed 20 amended complaint to the Court on or before September 10, 2021. If Plaintiff chooses 21 to file an amended complaint, he is advised that an amended complaint supersedes 22 (replaces) the original complaint and, thus, the amended complaint must be complete in 23 itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 24 (9th Cir. 1989). Therefore, a mere signature page will not be sufficient. Plaintiff should 25 file the amended complaint on this Court’s approved prisoner civil rights form, and it must 26 be entitled “First Amended Complaint.” 27 II. CONCLUSION 28 For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, and a 2 | copy of his original complaint. (ECF No. 1-1). If Plaintiff files an amended complaint, he 3 should use the Court's approved form and he must write the words “First Amended” above the words “Civil Rights Complaint” in the caption. 5 IT IS FURTHER ORDERD that, if Plaintiff chooses to file a signed amended complaint, Plaintiff will file the signed amended complaint to this Court on or before 7 | September 10, 2021. 8 IT IS FURTHER ORDERED that, if Plaintiff does not file a signed amended 9} complaint on or before September 10, 2021, this case will be subject to dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case number, when 11 | Plaintiff is able to file a signed amended complaint. 12 DATED: _August 24,2021 13 . 14 UNITED STATE GISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-