Welch v. Robinson ( 2024 )

2 DISTRICT OF NEVADA 3 * * * 4 5 Kentrell D. Welch, Case No. 2:24-cv-00500-JAD-BNW 6 Plaintiff, ORDER 7 v. 8 Dr. Robinson, et al., 9 Defendants. 10 11 Plaintiff Kentrell Welch is a pro se inmate in the custody of the Nevada Department of 12 Corrections. He initiated this lawsuit by applying to proceed in forma pauperis and submitting a 13 civil rights complaint under 42 U.S.C. § 1983. (ECF Nos. 1, 1-1.) The complaint has not been 14 screened under 28 U.S.C. § 1915A, and Plaintiff has moved to file an amended complaint and 15 submitted a proposed first amended complaint. (ECF Nos. 7, 8.) 16 Plaintiff’s motion to amend is granted, so the Clerk of Court will be directed to file the 17 First Amended Complaint. The First Amended Complaint replaces the original complaint, such 18 that the original complaint is now treated as “non-existent.” See Rhodes v. Robinson, 621 F.3d 19 1002, 1005 (9th Cir. 2010) (“As a general rule, when a plaintiff files an amended complaint, ‘[t]he 20 amended complaint super[s]edes the original, the latter being treated thereafter as non-existent.’”). 21 It is unclear if Plaintiff was aware that the First Amended Complaint would completely 22 replace the original complaint. (See ECF No. 8 at 2 (stating that the amended complaint is “vitally 23 important to the entire complaint”).) So the Court will give Plaintiff until December 2, 2024, to 24 file an optional Second Amended Complaint. Plaintiff is advised that any Second Amended 25 Complaint must be complete in itself, meaning that the Second Amended Complaint must contain 26 all claims, defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. In 27 other words, the Second Amended Complaint must stand on its own, without reference to the 28 original complaint or the First Amended Complaint. See Nev. Loc. R. IA 15-1(a) (stating that an 1 || “amended pleading must be complete in and of itself without reference to the superseded 2 || pleading”); Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 3 || 1989) (“The fact that a party was named in the original complaint is irrelevant; an amended 4 || pleading supersedes the original.”). If Plaintiff chooses to file a Second Amended Complaint, the 5 || Court will screen it in due course. If Plaintiff chooses not to file a Second Amended Complaint, 6 || the Court will screen the First Amended Complaint only, without reference to the original 7 || complaint. 8 IT IS THEREFORE ORDERED that Plaintiff's motion to file an amended complaint (ECF 9 || No. 8) is GRANTED. 10 IT IS FURTHER ORDERED that the Clerk of Court must file the First Amended 11 || Complaint (ECF No. 7) and send Plaintiff courtesy copies of the original complaint (ECF No. 1- 12 || 1) and the First Amended Complaint (ECF No. 7). 13 IT IS FURTHER ORDERED that the original complaint (ECF No. 1-1) is dismissed 14 || without prejudice. 15 IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff the approved form 16 || for filing a § 1983 complaint and instructions for the same. If Plaintiff chooses to file an amended 17 || complaint, he should use the approved form and he will title it “Second Amended Complaint.” 18 IT IS FURTHER ORDERED that Plaintiff has until December 2, 2024, to file a Second 19 |} Amended Complaint. If Plaintiff chooses not to file a Second Amended Complaint, the Court will 20 || screen the First Amended Complaint only, without reference to the original complaint. 21 DATED: October 30, 2024. 22 23 Li gw la wre fut Brenda Weksler □ 24 United States Magistrate Judge 25 26 27 28