Carrillo v. Thomas ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 GILBERTO CARRILLO, Case No. 3:21-cv-00423-MMD-CLB 4 Plaintiff, ORDER 5 v. 6 KATHY THOMAS, et al., 7 Defendants. 8 9 I. DISCUSSION 10 On September 23, 2021, this Court ordered Plaintiff to file a signed complaint and 11 a fully complete application to proceed in forma pauperis or pay the full $402 filing fee on 12 or before November 22, 2021. (ECF No. 3). On September 28, 2021, Plaintiff filed a fully 13 complete application to proceed in forma pauperis. (ECF No. 4). To date, Plaintiff has 14 not submitted a signed complaint in this case. 15 Under Rule 11 of the Federal Rules of Civil Procedure, a plaintiff who is not 16 represented by counsel is required to sign his complaint. Fed. R. Civ. P. 11(a). Because 17 the Plaintiff's original complaint (ECF No. 1-1) was submitted unsigned, the Court cannot 18 consider it. 19 The Court will grant Plaintiff one final opportunity to submit a signed amended 20 complaint to the Court on or before December 29, 2021. If Plaintiff chooses to file an 21 amended complaint, he is advised that an amended complaint supersedes (replaces) the 22 original complaint and, thus, the amended complaint must be complete in itself. See Hal 23 Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989). 24 Therefore, a mere signature page will not be sufficient. Plaintiff should file the amended 25 complaint on this Court’s approved prisoner civil rights form, and it must be entitled “First 26 Amended Complaint.” The Court will defer a decision on the application to proceed in 27 forma pauperis until Plaintiff submits a proper initiating document for this case. 28 / / / IL. CONCLUSION 2 For the foregoing reasons, IT |S ORDERED that a decision on the application to proceed in forma pauperis (ECF No. 4) is deferred. 4 IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the 5 | approved form for filing a § 1983 complaint, instructions for the same, and a copy of his 6 | original unsigned complaint. (ECF No. 1-1). If Plaintiff files an amended complaint, he 7 | should use the Court's approved form and he must write the words “First Amended” above 8 | the words “Civil Rights Complaint” in the caption. 9 IT IS FURTHER ORDERED that, if Plaintiff does not file a signed amended 10 | complaint on or before December 29, 2021, this case will be subject to dismissal without 11 prejudice for Plaintiff to refile the case with the Court, under a new case number, when 12 | Plaintiff is able to file a signed amended complaint. 13 DATED: December 1, 2021 14 . 15 UNITED STA MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-