Coil v. Williamson ( 2024 )

2 2 3 UNITED STATES DISTRICT COURT 3 4 DISTRICT OF NEVADA 4 5 5 DAVID COIL, Case No.: 2:24-cv-00017-RFB-NJK 6 6 Plaintiff, ORDER 7 7 v. (Docket Nos. 9, 15, 16) 8 8 WARDEN BRIAN WILLIAMSON, et al., 9 9 Defendants. 10 10 11 Plaintiff David Coil, an inmate in the custody of the Nevada Department of Corrections, 11 12 initiated this case with a civil rights complaint filed under 42 U.S.C. § 1983. Docket No. 1-1. 12 13 Plaintiff subsequently filed a motion “to accept amended complaint” as well as two documents 13 14 titled “addendum.” Docket Nos. 9, 13, 14. Each of these documents attempts to add onto the 14 15 operative complaint. The Court will not piecemeal Plaintiff’s complaint together from multiple 15 16 filings. Plaintiff’s operative complaint must contain all claims, defendants, and factual allegations 16 17 that Plaintiff wishes to pursue in this lawsuit. Accordingly, the Court gives Plaintiff leave to file 17 18 a single, complete, first amended complaint on or before October 28, 2024. If Plaintiff does not 18 19 file a first amended complaint, the Court will screen the initial complaint and will not consider any 19 20 allegations in Plaintiff’s motion to amend and his addendum. 20 21 If Plaintiff chooses to file an amended complaint, he is advised that an amended complaint 21 22 supersedes (replaces) the original complaint, and, thus, the amended complaint must be complete 22 23 in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 23 24 1989) (holding that “[t]he fact that a party was named in the original complaint is irrelevant; an 24 25 amended pleading supersedes the original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 25 26 (9th Cir. 2012) (holding that for claims dismissed with prejudice, a plaintiff is not required to 26 27 reallege such claims in a subsequent amended complaint to preserve them for appeal). Plaintiff’s 27 28 28 4| amended complaint must contain all claims, defendants, and factual allegations that Plaintiff 2| wishes to pursue in this lawsuit. Moreover, Plaintiff must file the amended complaint on this 3} Court’s approved prisoner civil rights form, and it must be entitled “First Amended Complaint.” 4 Accordingly, for the reasons stated above, 5 IT IS ORDERED that Plaintiff's motion to amend the complaint, Docket No. 9, is 6| DENIED. The Court also will not consider Plaintiff's addendums. 7 IT IS FURTHER ORDERED that Plaintiff is given leave to file a single, complete, first 8} amended complaint no later than October 28, 2024. 9 IT IS FURTHER ORDERED that the Clerk of the Court send will send to Plaintiff the 10| approved form for filing a § 1983 complaint, instructions for the same, and a copy of his original 41| complaint (Docket No. 1-1). 12 IT IS SO ORDERED. 13 DATED: September 27, 2024. 5 Li a \ in a 16 Ze x6 OPPE UNITED MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28