Caron v. Nevada Department of Corrections

District Court, D. Nevada

Caron v. Nevada Department of Corrections

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 WILLIAM CARON, Case No. 3:23-cv-00114-ART-CSD

4 Plaintiff ORDER

5 v.

6 NEVADA DEPARTMENT OF CORRECTIONS, et al., 7 Defendants 8 9 On March 20, 2023, Plaintiff William Caron, an inmate in the custody of the Nevada 10 Department of Corrections, submitted a civil-rights complaint under

42 U.S.C. § 1983

and 11 filed a complete application to proceed in forma pauperis. (ECF Nos. 1-1, 1). Upon review, 12 the Court notes that Plaintiff did not sign the complaint. (See ECF No. 1-1 at 4). Federal 13 Rule of Civil Procedure 11(a) provides that every pleading, written motion, and other 14 paper must be signed by at least one attorney for the party or, if the party is not 15 represented by counsel, by the party personally. The Court cannot consider Plaintiff’s 16 complaint because it is not signed. And Plaintiff must sign the complaint himself because 17 he is not represented by counsel. 18 IT IS THEREFORE ORDERED that Plaintiff has until April 26, 2023, to submit a 19 signed amended complaint to the Court. 20 Plaintiff is advised that an amended complaint replaces the original complaint, so 21 the amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard 22 Feiner & Co., Inc.,

896 F.2d 1542, 1546

(9th Cir. 1989). This means that submitting only 23 a signature page will not be enough. Plaintiff should file the amended complaint on this 24 Court’s approved prisoner civil rights form, and it must be entitled “First Amended 25 Complaint.” 26 IT IS FURTHER ORDERED that this action will be subject to dismissal without 27 prejudice if Plaintiff fails to file a signed amended complaint by April 26, 2023. A dismissal 28 without prejudice allows Plaintiff to file his claims with the Court, under a new case number, when he can file a signed complaint in compliance with Rule 11 and Local Rule 2| LSR 2-1. 3 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff Caron the 4 approved form for filing a § 1983 complaint, instructions for the same, and a copy of his 5 | original complaint, including exhibits (ECF No. 1-1). 6 DATED: March 27, 2023. 7 CS 9 Cees $C rre wee — 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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