Ingram v. McMahill ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Aaron Q. Ingram, Case No. 2:24-cv-00069-CDS-DJA 6 Plaintiff, 7 Order v. 8 Kevin McMahill, et al., 9 Defendants. 10 11 This matter is before the Court on pro se inmate Plaintiff Aaron Q. Ingram’s application 12 to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (ECF No. 1). Plaintiff’s application to 13 proceed in forma pauperis is not on the Court’s approved form. Instead, it is on the form for state 14 court. However, Plaintiff has filed his application in federal court and must thus use the federal 15 form. Under Nevada Local Special Rule (LSR) 1-1, applications to proceed in forma pauperis 16 “must be made on the form provided by the court.”1 The Court will therefore deny the 17 application to proceed in forma pauperis without prejudice for Plaintiff to re-file a complete 18 application on the correct form or to pay the filing fee. 19 Plaintiff has also filed two motions to amend the complaint, which appear to supplement, 20 rather than replace the initial complaint. (ECF No. 3) (titled “motion to amend”); (ECF No. 4) 21 (titled “motion to correct”). The Court will not piecemeal Plaintiff’s complaint together from 22 multiple filings. Plaintiff’s operative complaint must contain all claims, attachments, and 23 requests for relief that Plaintiff wishes the Court to consider. Accordingly, the Court gives 24 Plaintiff leave to file a single, complete, amended complaint. If Plaintiff does not file an amended 25 26 27 1 LSR 1-1 refers to the Court’s local rule on applications to proceed in forma pauperis. The Court’s local rules may be accessed on the Court’s website, https://www.nvd.uscourts.gov/court- 1 complaint, the Court will screen the initial complaint and will not consider any of exhibits and 2 changed requests for relief included in Plaintiff’s two motions to amend. 3 If Plaintiff chooses to file an amended complaint, he is advised that an amended 4 complaint supersedes (replaces) the original complaint, and previously filed amended complaints, 5 and, thus, the amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. 6 Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a 7 party was named in the original complaint is irrelevant; an amended pleading supersedes the 8 original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for 9 claims dismissed with prejudice, a plaintiff is not required to reallege such claims in a subsequent 10 amended complaint to preserve them for appeal). Plaintiff’s amended complaint must contain all 11 claims, defendants, factual allegations, attachments, and requested relief that Plaintiff wishes to 12 pursue in this lawsuit. Moreover, Plaintiff must file his amended complaint on this Court’s 13 approved prisoner civil rights form, which the Court will mail to him. 14 15 IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma 16 pauperis (ECF No. 1) is denied without prejudice. 17 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to mail Plaintiff 18 a copy of this order and the form application for an inmate to proceed in forma pauperis and its 19 accompanying instruction packet. 20 IT IS FURTHER ORDERED that Plaintiff shall have until April 1, 2024 to either: 21 (1) file a complete application to proceed in forma pauperis in compliance with 28 U.S.C. 22 § 1915(a)(1) and LSR 1-1; or (2) pay the full $405 filing fee, which includes the $350 filing fee 23 plus the $55 administrative fee. Plaintiff is advised that failure to comply with this order will 24 result in a recommendation to the district judge that the case be dismissed. 25 IT IS FURTHER ORDERED that Plaintiff is granted leave to file a single, complete, 26 amended complaint. If Plaintiff chooses to file an amended complaint, Plaintiff must file that 27 amended complaint on or before April 1, 2024. If Plaintiff chooses to file an amended complaint, 1 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to send Plaintiff 2 the following: 3 • The approved form for filing a civil rights complaint by an inmate and the instructions for 4 the same;2 5 • A copy of Plaintiff’s original complaint (ECF No. 1-1); 6 • A copy of Plaintiff’s motion to amend his complaint (ECF No. 3); and 7 • A copy of Plaintiff’s motion to correct his complaint (ECF No. 4). 8 IT IS FURTHER ORDERED that if Plaintiff does not timely file an amended 9 complaint, the Court will screen the original complaint (ECF No. 1-1) and will not consider the 10 allegations, attachments, or changes included in Plaintiff’s motions to amend the complaint (ECF 11 Nos. 3, 4). 12 IT IS FURTHER ORDERED that Plaintiff’s motion to amend (ECF No. 3) and motion 13 to correct (ECF No. 4) are denied. 14 15 DATED: February 29, 2024 16 DANIEL J. ALBREGTS 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 2 This form can also be found on the Court’s website at https://www.nvd.uscourts.gov/court-