1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 TONY ALLEN PRESSLER, Case No. 3:19-cv-00163-MMD-CLB

4 Plaintiff ORDER

5 v.

6 ELKO COUNTY JAIL, et al.,

7 Defendants

8 9 This action began with a pro se civil rights complaint filed pursuant to

1983 by an incarcerated individual. On April 22, 2020, the Court issued an order 11 dismissing the complaint with leave to amend and directed Plaintiff to file a complete 12 amended complaint within thirty days. (ECF No. 7.) The Court’s order stated that if 13 Plaintiff did not file an amended complaint within 30 days, this action would be dismissed 14 with prejudice for failure to state a claim. (Id. at 10.) On May 18, 2020, Plaintiff filed the 15 first page of an amended complaint. (ECF No. 9.) Nothing more has been filed, and the 16 thirty-day period has now expired. It is not clear why Plaintiff filed only a single page and 17 whether this was intentional or an accidental oversight in filing the amended complaint. 18 As such, the Court will extend Plaintiff’s deadline for filing a fully complete first amended 19 complaint for 30 days from the date of this order. If Plaintiff chooses not to file a complete 20 first amended complaint this action will be dismissed with prejudice for failure to state a 21 claim. 22 As the Court previously informed Plaintiff, If Plaintiff chooses to file an amended 23 complaint, he is advised that an amended complaint supersedes (replaces) the original 24 complaint and, thus, the amended complaint must be complete in itself. See Hal Roach 25 Studios, Inc. v. Richard Feiner & Co., Inc.,

(9th Cir. 1989) (holding 26 that “[t]he fact that a party was named in the original complaint is irrelevant; an amended 27 pleading supersedes the original”); see also Lacey v. Maricopa Cnty.,

, 928 28 (9th Cir. 2012) (holding that for claims dismissed with prejudice, a plaintiff is not required toreallege such claims in a subsequent amended complaint to preserve them for appeal). 2 | Plaintiff's amended complaint must contain all claims, defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff should file the amended complaint on this Court's approved prisoner civil rights form, and it must be entitled “First 5 | Amended Complaint.” 6 It is therefore ordered that, if Plaintiff chooses to file an amended complaint, 7 | Plaintiff will file the amended complaint within 30 days from the date of entry of this order. 8 It is further ordered that the Clerk of the Court will send to Plaintiff the approved 9} form for filing a § 1983 complaint, instructions for the same, and a copy of his original 10 | complaint (ECF No. 1-1). If Plaintiff chooses to file an amended complaint, he should use 11 | the approved form and he will write the words “First Amended” above the words “Civil 12 | Rights Complaint” in the caption. 13 It is further ordered that, if Plaintiff fails to file an amended complaint curing the 14 deficiencies outlined in the screening order, this action will be dismissed with prejudice 15 | for failure to state a claim. 16 17 DATED THIS 26th day of May 2020. 18 .

19 UNITED SKATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28

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