Dickson v. Francis ( 2024 )

2 DISTRICT OF NEVADA 2 3 Justin Dickson, Case No. 2:24-cv-00430-JAD-EJY 3 4 Plaintiff, 4 ORDER 5 v. 5 6 Francis, et al., 6 7 Defendants. 7 8 8 9 Plaintiff, a former inmate, initiated this action by submitting an application to proceed in 9 10 forma pauperis (“IFP”) together with an unsigned Civil Rights Complaint under 42 U.S.C. § 1983. 10 11 ECF Nos. 1, 1-4. The Court is unable to consider Plaintiff’s Complaint as it is not signed. See Fed. 11 12 R. Civ. P. 11(a) (providing a complaint submitted by a pro se litigant must be signed personally by 12 13 the unrepresented party). Plaintiff also filed a Motion for Appointment of Counsel, which is denied 13 14 because the Court is not in receipt of a signed Complaint. ECF No. 3. In addition, according to the 14 15 Nevada Department of Corrections inmate database Plaintiff is no longer in custody. Plaintiff has 15 16 not filed an updated address with the Court as required by U.S. District Court for the District of 16 17 Nevada Local Rule IA 3-1. 17 18 If Plaintiff wants to proceed with this action, he must file an amended complaint that is signed 18 19 by him, file an updated address with the Court, and either pay the full $405 filing fee or file a 19 20 complete IFP application for non-inmates. Plaintiff is advised that an amended complaint replaces 20 21 the original complaint, so the amended complaint must be complete in itself. See Hal Roach Studios, 21 22 Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1989). This means the amended 22 23 complaint must contain all claims, defendants, and factual allegations that Plaintiff wishes to pursue 23 24 in this action. The submission of a mere signature page will not be enough. Moreover, Plaintiff 24 25 should file the amended complaint on this Court’s approved civil-rights form, and it must be titled 25 26 “First Amended Complaint.” 26 27 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s application to proceed in forma 27 28 pauperis for an inmate (ECF No. 1) is DENIED as moot. 28 2 3) is DENIED without prejudice. 2 3 IT IS FURTHER ORDERED that on or before September 23, 2024, Plaintiff must either 3 4 pay the $405 filing fee for a civil action or file with the Court a complete Application to Proceed 4 5 in Forma Pauperis for non-inmates. 5 6 IT IS FURTHER ORDERED that on or before September 23, 2024, Plaintiff must file his 6 7 updated address with the Court. 7 8 IT IS FURTHER ORDERED that on or before September 23, 2024, Plaintiff must file a 8 9 signed First Amended Complaint with the Court. 9 10 IT IS FURTHER ORDERED that the Clerk of the Court must send Plaintiff (1) the approved 10 11 form for filing a 42 U.S.C. § 1983 Complaint and instructions for filing the same, and (2) the 11 12 approved form application to proceed in forma pauperis for non-inmates along with the information 12 13 and instructions for filing the same. 13 14 IT IS FURTHER ORDERED that failure to comply with this Order will result in a 14 15 recommendation to dismiss this action without prejudice. A dismissal without prejudice allows 15 16 Plaintiff to file his case with the Court, under a new case number, when he is able to comply with 16 17 LSR 2-1 and file a complete application to proceed in forma pauperis for non-inmates or pay the 17 18 required filing fee. 18 19 DATED this 26th day of August, 2024. 19 20 20 21 21 ELAYNA J. YOUCHAH 22 UNITED STATES MAGISTRATE JUDGE 22 23 23 24 24 25 25 26 26 27 27 28 28