High v. NDOC ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ROBERT HIGH, Case No. 2:23-cv-00847-APG-DJA 4 Plaintiff ORDER 5 v. 6 NDOC, et al., 7 Defendants 8 9 I. DISCUSSION 10 Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections 11 (“NDOC”), has filed a complaint, as well as an amended complaint, which appears to 12 supplement, rather than replace the initial complaint. (ECF Nos. 1-1, 3.) Plaintiff has also 13 filed a document titled “Addendum in Support of Original and Amended Civil Rights 14 Complaints.” (ECF No. 6.) The Court will not piecemeal Plaintiff’s complaint together 15 from multiple filings. Plaintiff’s operative complaint must contain all claims, defendants, 16 and factual allegations that Plaintiff wishes to pursue in this lawsuit. Accordingly, the 17 Court gives Plaintiff leave to file a single, complete, second amended complaint on or 18 before February 19, 2024. If Plaintiff does not file a second amended complaint, the Court 19 will screen the initial complaint and will not consider any allegations in the amended 20 complaint or the addendum. 21 If Plaintiff chooses to file a second amended complaint, he is advised that a second 22 amended complaint supersedes (replaces) the original complaint, and previously filed 23 amended complaints, and, thus, the second amended complaint must be complete in 24 itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 25 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original complaint is 26 irrelevant; an amended pleading supersedes the original”); see also Lacey v. Maricopa 27 Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for claims dismissed with prejudice, 28 a plaintiff is not required to reallege such claims in a subsequent amended complaint to 1 preserve them for appeal). Plaintiff’s second amended complaint must contain all claims, 2 defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. 3 Moreover, Plaintiff must file the first amended complaint on this Court’s approved prisoner 4 civil rights form, and it must be entitled “Second Amended Complaint.” 5 II. CONCLUSION 6 For the foregoing reasons, IT IS ORDERED that Plaintiff is granted leave to file a 7 single, complete, second amended complaint. If Plaintiff chooses to file a second 8 amended complaint, Plaintiff will file the second amended complaint on or before 9 February 19, 2024. 10 IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the 11 approved form for filing a § 1983 complaint, instructions for the same, and a copy of his 12 initial complaint, his amended complaint, and his addendum (ECF Nos. 1-1, 3, 6). If 13 Plaintiff chooses to file a second amended complaint, he must use the approved form and 14 he will write the words “Second Amended” above the words “Civil Rights Complaint” in 15 the caption. 16 IT IS FURTHER ORDERED that, if Plaintiff does not timely file a second amended 17 complaint, the Court will screen the original complaint (ECF No. 1-1), and will not consider 18 any allegations in the amended complaint or the addendum. 19 20 DATED this 18th day of January 2024. 21 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28