Humphrey v. Henderson County Detention Center ( 2024 )

2 DISTRICT OF NEVADA 2 3 Darriana Humphrey, Case No. 2:24-cv-00116-GMN-EJY 3 4 Plaintiff, 4 ORDER 5 v. 5 6 Henderson County Detention Center, 6 7 Defendant. 7 8 8 9 On August 23, 2024, the Court entered an Order giving Plaintiff until September 20, 2024 to 9 10 file her updated address with the Court. ECF No. 14. Plaintiff subsequently filed her Notice of 10 11 Change of Address on August 29, 2024, indicating she is no longer incarcerated and in a 11 12 Minneapolis, Minnesota treatment facility. ECF No. 15. In light of the foregoing, the Court denies 12 13 as moot Plaintiff’s Motion to Order Henderson County Detention Center to sign her financial 13 14 documents (ECF No. 9) and in forma pauperis (“IFP”) application for inmates (ECF No. 12). 14 15 Plaintiff is now directed to file an IFP application by a non-prisoner or pay the $405 filing fee. 15 16 Plaintiff has also filed a Motion to Amend Complaint or in the alternative, seeking the Court 16 17 issue pretrial discovery. ECF No. 11. It is unclear to the Court whether Plaintiff seeks to amend the 17 18 Complaint or add additional information to her Complaint. The Court will not piecemeal Plaintiff’s 18 19 Complaint together from multiple filings. Plaintiff’s Complaint must contain all claims, defendants, 19 20 and factual allegations she wishes to pursue in this lawsuit. Accordingly, the Court grants the Motion 20 21 to Amend and gives Plaintiff one opportunity to file a single, complete, first amended complaint on 21 22 or before November 18, 2024. If Plaintiff does not file a first amended complaint by or before that 22 23 date, the Court will screen the initial Complaint and will not consider any allegations in the Motion 23 24 to Amend. 24 25 Plaintiff is advised that an amended complaint supersedes (replaces) the original Complaint, 25 26 and, thus, the amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard 26 27 Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was 27 28 named in the original complaint is irrelevant; an amended pleading supersedes the original”); see 28 2 with prejudice, a plaintiff is not required to reallege such claims in a subsequent amended complaint 2 3 to preserve them for appeal). Plaintiff’s amended complaint must contain all claims, defendants, 3 4 and factual allegations she wishes to pursue in this lawsuit. 4 5 Finally, Plaintiff has also filed three Motions for Status Update. ECF Nos. 16, 17, 18. In her 5 6 first Motion, Plaintiff states that her case was dismissed without prejudice, and she seeks to reinstate 6 7 it. ECF No. 16 at 1-2. Plaintiff may have intended to file her first Motion for Status Update in a 7 8 different case, or she may have misunderstood the Court’s Orders in this case; however, this case 8 9 has never been dismissed, and does not need to be reinstated. In her other Motions, Plaintiff inquires 9 10 about the status of her IFP application. ECF Nos. 17, 18. As the Court explained above, now that 10 11 Plaintiff is no longer incarcerated, she must file an IFP application for a non-inmate. The Court 11 12 grants Plaintiff’s Motions for a Status Update to the extent that this Order answers her questions. 12 13 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s application to proceed in forma 13 14 pauperis for inmates (ECF No. 12) and Motion to Require Henderson County Detention Center to 14 15 sign her financial documents (ECF No. 9) are DENIED as moot. 15 16 IT IS FURTHER ORDERED that on or before November 18, 2024, Plaintiff must either 16 17 pay the $405 filing fee in full or file an application to proceed in forma pauperis for non-inmates. 17 18 IT IS FURTHER ORDERED that the Clerk of the Court send Plaintiff the approved form 18 19 application to proceed in forma pauperis by a non-prisoner, as well as the document entitled 19 20 information and instructions for filing the same. 20 21 IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend Complaint (ECF No. 11) is 21 22 GRANTED. Plaintiff must file any amended complaint on or before November 18, 2024. 22 23 IT IS FURTHER ORDERED that the Clerk of the Court send Plaintiff the approved form 23 24 for filing a § 1983 complaint, instructions for the same, and a copy of her original Complaint (ECF 24 25 No. 1-1). 25 26 26 27 27 28 28 2 18) are GRANTED to the extent that this Order explains the current status of this case. 2 3 DATED this 17th day of October, 2024. 3 4 4 5 5 6 ELAYNA J. YOUCHAH 6 UNITED STATES MAGISTRATE JUDGE 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28