Jim v. Naivaiza ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JAY L. JIM, Case No. 3:19-cv-00179-MMD-CLB 4 Plaintiff ORDER 5 v. 6 AITOR NARVIAZA, 7 Defendants 8 9 I. DISCUSSION 10 Plaintiff, who is an inmate in the custody of the Elko County Detention Center, has 11 filed a motion for a status check, two motions to amend his complaint, and a motion to 12 correct a Defendant’s name. (ECF Nos. 7, 9, 10, 11.) Plaintiff’s motions to amend his 13 complaint (ECF Nos. 9, 10) do not include proposed amended complaints, but rather 14 appear to be supplemental claims that Plaintiff would like the Court to consider together 15 with the claims in his complaint. The Court will not piecemeal Plaintiff’s complaint together 16 from multiple filings. Plaintiff’s operative complaint must contain all claims, defendants, 17 and factual allegations that Plaintiff wishes to pursue in this lawsuit. As such, the Court 18 denies the motions to amend the complaint (ECF Nos. 9, 10) and grants Plaintiff leave to 19 file a fully complete first amended complaint within 30 days. If Plaintiff does not file a fully 20 complete amended complaint, the court will screen his complaint (ECF No. 1-1) and will 21 not consider any allegations in Plaintiff’s motions to amend his complaint. 22 If Plaintiff chooses to file a first amended complaint, he is advised that a first 23 amended complaint supersedes (replaces) the original complaint and, thus, the first 24 amended complaint must be complete in itself. 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 26 was named in the original complaint is irrelevant; an amended pleading supersedes the 27 original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding 28 that for claims dismissed with prejudice, a plaintiff is not required to reallege such claims 1 in a subsequent amended complaint to preserve them for appeal). Plaintiff’s first 2 amended complaint must contain all claims, defendants, and factual allegations that 3 Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the first amended 4 complaint on this Court’s approved prisoner civil rights form, and it must be entitled “First 5 Amended Complaint.” 6 The Court grants Plaintiff’s motion to correct Aitor Narvaiza’s name (ECF No. 11). 7 Plaintiff should use Aitor Narvaiza’s correct name if he chooses to file an amended 8 complaint. Plaintiff’s case is in line for screening. After Plaintiff files an amended 9 complaint, or the time period to file an amended complaint passes, the Court will screen 10 Plaintiff’s case. In light of this order, the Court denies Plaintiff’s motion requesting a status 11 update (ECF No. 7) as moot. 12 II. CONCLUSION 13 For the foregoing reasons, IT IS ORDERED that the motions to amend the 14 complaint (ECF Nos. 9, 10) are denied. 15 IT IS FURTHER ORDERED that, if Plaintiff chooses to file a first amended 16 complaint, Plaintiff will file the first amended complaint within 30 days from the date of 17 entry of this order. 18 IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the 19 approved form for filing a § 1983 complaint, instructions for the same, and a copy of his 20 complaint and motions to amend the complaint (ECF No. 1-1, 9, 10). If Plaintiff chooses 21 to file a first amended complaint, he must use the approved form and he will write the 22 words “First Amended” above the words “Civil Rights Complaint” in the caption. 23 IT IS FURTHER ORDERED that, if Plaintiff does not timely file a first amended 24 complaint, the Court will screen the original complaint (ECF No. 1-1) only and strike 25 Plaintiff’s motions to amend the complaint (ECF Nos. 9, 10) from the docket. 26 IT IS FURTHER ORDERED that, Plaintiff’s motion to correct Aitor Narvaiza’s name 27 (ECF No. 11) is granted. The Clerk of the Court will correct Aitor Narvaiza’s name in the 28 caption for this case. 4 IT IS FURTHER ORDERED that, in light of this order, Plaintiff's motion for a status updated (ECF No. 7) is denied as moot. 3 4 DATED: December 9, 2019. . 5 6 UNITED STATES,MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-