1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA

5 MICHAEL KINCADE, Case No. 2:19-cv-02171-KJD-NJK

6 Plaintiff ORDER

7 v.

8 JAMES DZURENDA, et al.,

9 Defendants

10 11 I. DISCUSSION 12 Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections 13 (“NDOC”), has filed a civil rights complaint, as well three motions requesting that the Court make 14 amendments to the complaint. Docket Nos. 1-1, 4, 5, 7. The Court will not piecemeal Plaintiff’s 15 complaint together from multiple filings. Plaintiff’s operative complaint must contain all claims, 16 defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. As such, the 17 Court grants Plaintiff leave to file a fully complete first amended complaint, no later than January 18 19, 2021. If Plaintiff does not file a fully complete amended complaint, the Court will only screen 19 his initial complaint, Docket No. 1-1, and will not consider any allegations in Plaintiff’s additional 20 filings. 21 If Plaintiff chooses to file a first amended complaint, he is advised that a first amended 22 complaint supersedes (replaces) the original complaint, and, thus, the first amended complaint 23 must be complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc.,

1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original complaint 25 is irrelevant; an amended pleading supersedes the original”); see also Lacey v. Maricopa Cnty., 26

(9th Cir. 2012) (holding that for claims dismissed with prejudice, a plaintiff is 27 not required to reallege such claims in a subsequent amended complaint to preserve them for 28 appeal). Plaintiff’s first amended complaint must contain all claims, defendants, and factual 1 allegations that Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the first amended complaint on this Court’s approved prisoner civil rights form, and it must be entitled 3| “First Amended Complaint.” 4| IL. CONCLUSION 5 For the foregoing reasons, 6 IT IS ORDERED that, Plaintiff's motions for leave to file incomplete amended 7 | complaints are DENIED. Docket Nos. 4,5. 8 IT IS FURTHER ORDERED that Plaintiff is granted leave to file a single complete first amended complaint. If Plaintiff chooses to file a first amended complaint, Plaintiff must file the 10 first amended complaint no later than January 19, 2021. 11 IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the 12 | approved form for filing a § 1983 complaint, instructions for the same, and a copy of his initial 13 | complaint, as well as the motions for leave to amend his complaint (Docket Nos. 1-1, 4,5, 7). If Plaintiff chooses to file a first amended complaint, he must use the approved form and he will 15 | write the words “First Amended” above the words “Civil Rights Complaint” in the caption. 16 IT IS FURTHER ORDERED that, if Plaintiff does not timely file a first amended 17 | complaint, the Court will screen the original complaint, Docket No. 1-1, only and will not consider 18) any allegations in Plaintiff's motions for leave to amend the complaint. 19 DATED: December 18, 2020. 20 Li a ge

29 UNITED-STATES MAGISTRATE JUDGE 23 24 25 26 27 28

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