Watson v. Washoe County Sheriff Office
Watson v. Washoe County Sheriff Office
Trial Court Opinion
2 DISTRICT OF NEVADA 2 3 3 BRIAN WATSON, Case No.: 3:24-cv-00093-MMD-CSD 4 4 Plaintiff, 5 ORDER 5 v. 6 6 WASHOE COUNTY SHERIFF OFFICE, et 7 al., 7 8 Defendants. 8 9 On February 26, 2024, pro se plaintiff Brian Watson, who was an inmate in the 9 10 custody of the Nevada Department of Corrections (“NDOC”), submitted a complaint under 10 11
42 U.S.C. § 1983and applied to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff 11 12 did not personally sign the complaint. Plaintiff also submitted notice that he would soon 12 13 be released from custody, and provided his new address. (ECF No. 1-4). According to 13 14 the NDOC inmate database, Plaintiff is no longer incarcerated. 14 15 I. DISCUSSION 15 16 A. Plaintiff must submit a signed amended complaint to the Court. 16 17 “A civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 17 18 3. “A civil-rights complaint filed by a person who is not represented by an attorney must 18 19 be submitted on the form provided by this court or must be legible and contain 19 20 substantially all the information called for by the court’s form.” Nev. LSR 2-1. And the 20 21 complaint must be signed personally by the unrepresented party. Fed. R. Civ. P. 11(a). 21 22 The Court cannot consider the original complaint because Plaintiff did not 22 23 personally sign it. If Plaintiff wants to proceed with this action, Plaintiff must file an 23 24 amended complaint that is signed personally by him. Plaintiff is advised that an amended 24 25 complaint replaces the original complaint, so the amended complaint must be complete 25 26 in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co.,
896 F.2d 1542, 1546(9th 26 27 Cir. 1989). This means the amended complaint must contain all claims, defendants, and 27 28 factual allegations that Plaintiff wishes to pursue in this action. The submission of a mere 28 4| signature page will not be enough. Moreover, Plaintiff should file the amended complaint 2| onthis Court’s approved civil-rights form, and it must be titled “First Amended Complaint.” 3 B. Plaintiff must either pay the filing fee or apply for pauper status. 4 Additionally, this Court must collect filing fees from parties initiating civil actions. 5| 28U.S.C.§ 1914(a). As of December 1, 2023, the fee for filing a civil-rights action is $405, 6| which includes the $350 filing fee and the $55 administrative fee. See 28 U.S.C. 7| §1914(b). “Any person who is unable to prepay the fees in a civil case may apply to the court for leave to proceed in forma pauperis.” Nev. LSR 1-1. Plaintiffs application to g| proceed in forma pauperis for inmate is moot because Plaintiff is no longer in custody. 10) IL CONCLUSION 11 It is therefore ordered that Plaintiff has until April 8, 2024, to submit a signed 42| amended complaint to this Court. 13 It is further ordered that the application to proceed in forma pauperis for inmate (ECF No. 1) is denied as moot. 15 Itis further ordered that Plaintiff has until April 8, 2024, to either pay the full $405 16| filing fee or file an application to proceed in forma pauperis for non-prisoners. 17 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 49| torefile the case with the Court, under a new case number, when Plaintiff can file a signed 20| amended complaint and either pay the filing fee or properly apply for pauper status. The Clerk of the Court is directed to send Plaintiff Brian Watson (1) the approved 22| form for filing a
42 U.S.C. § 1983complaint and instructions for the same and (2) an 23| application to proceed in forma pauperis for non-prisoners and the document titled 24| information and instructions for filing an in forma pauperis application. 20 DATED THIS 8th day of March 2024. 26 CS SP Kore
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