Williams v. Stubbs

District Court, D. Nevada

Williams v. Stubbs

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 JIMMY RECO WILLIAMS, Case No. 3:20-cv-00508-MMD-WGC

5 Plaintiff, ORDER v. 6 BRANDON STUBBS, et al., 7 Defendants. 8 9 I. DISCUSSION 10 Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections 11 (“NDOC”), initiated this action with a civil rights complaint pursuant to

42 U.S.C. § 1983

. 12 (ECF No. 1-1.) Plaintiff has since filed an affidavit, notices, and other complaints, which 13 all appear to be attempts to add additional factual allegations to his complaint (ECF Nos. 14 4, 6, 7, 10, 13, 14.) Plaintiff has also filed a motion for update (ECF No. 11) a motion for 15 recovery (ECF No. 15) and a motion for camera footage (ECF No. 16). These motions 16 are all difficult to understand, but it appears that in each of them Plaintiff is attempting to 17 add factual allegations to his complaint. 18 The Court will not piecemeal Plaintiff’s complaint together. Plaintiff’s operative 19 complaint must contain all claims, defendants, and factual allegations that Plaintiff wishes 20 to pursue in this lawsuit. The Court will not consider any allegations in Plaintiff’s various 21 filings since the initial complaint, and the Court denies Plaintiff’s motions (ECF Nos. 11, 22 15, 16), as they all appear to be attempts to add additional facts to the complaint. 23 However, the Court grants Plaintiff leave to file a fully complete first amended complaint. 24 If Plaintiff chooses to file a first amended complaint, he is advised that a first 25 amended complaint supersedes (replaces) the original complaint and, thus, the first 26 amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard 27 Feiner & Co., Inc.,

896 F.2d 1542, 1546

(9th Cir. 1989) (holding that “[t]he fact that a party was named in the original complaint is irrelevant; an amended pleading supersedes the 1 original”); see also Lacey v. Maricopa Cnty.,

693 F.3d 896, 928

(9th Cir. 2012) (holding 2 that for claims dismissed with prejudice, a plaintiff is not required to reallege such claims 3 in a subsequent amended complaint to preserve them for appeal). Plaintiff’s first 4 amended complaint must contain all claims, defendants, and factual allegations that 5 Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the first amended 6 complaint on this Court’s approved prisoner civil rights form, and it must be entitled “First 7 Amended Complaint.” 8 II. CONCLUSION 9 For the foregoing reasons, IT IS ORDERED that Plaintiff’s motions (ECF Nos. 11, 10 15, 16) are denied. 11 IT IS FURTHER ORDERED that, if Plaintiff chooses to file a first amended 12 complaint, Plaintiff will file the first amended complaint within 30 days from the date of 13 entry of this order. 14 IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the 15 approved form for filing a § 1983 complaint, instructions for the same, and a copy of his 16 affidavits, notices, complaints, and motions (ECF Nos. 1-1, 4, 6, 8, 10, 11, 13, 14, 15, 16). 17 If Plaintiff chooses to file a first amended complaint, he must use the approved form and 18 he will write the words “First Amended” above the words “Civil Rights Complaint” in the 19 caption. 20 IT IS FURTHER ORDERED that, if Plaintiff does not timely file a first amended 21 complaint, the Court will screen the original complaint (ECF No. 1-1) only and will not 22 consider any allegations in Plaintiff’s other filings (ECF Nos. 4, 6, 8, 10, 11, 13, 14, 15, 23 16). 24 25 DATED THIS _8_th_ day of June 2021. 26

27 UNITED STATES MAGISTRATE JUDGE

Reference

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