2 DISTRICT OF NEVADA

3 Frederick Daniels, Case No. 2:24-cv-02217-RFB-EJY

4 Plaintiff, ORDER 5 v.

6 James Dzurenda, et al.,

7 Defendants. 8 9 On November 27, 2024, Plaintiff submitted two Civil Rights Complaints under

1983. ECF Nos. 1-1, 1-2. The Court declines to consider Plaintiff’s Complaint because Plaintiff 11 signed only the first Complaint, but not the second Complaint. The second Complaint is more 12 robust—containing additional claims, facts, and defendants—and would be considered an amended 13 complaint that replaces the original Complaint if it were signed. See Fed. R. Civ. P. 11(a) (providing 14 a complaint submitted by a pro se litigant must be signed personally by the unrepresented party). 15 On December 5, 2024, Plaintiff submitted a notice that his name is wrong on the docket 16 together with an incomplete application to proceed in forma pauperis (“IFP”). ECF No. 3. 17 Plaintiff’s name was corrected on the docket; however, his IFP application is incomplete because 18 the Acknowledgment and Financial Certificate are signed by neither Plaintiff nor a prison official. 19 Plaintiff also failed to submit his inmate trust fund account statement for the previous six-month 20 period. As such, Plaintiff’s IFP application is denied without prejudice. Because the IFP application 21 is denied as incomplete, Plaintiff’s case may not proceed. 22 If Plaintiff wants to proceed with this action, he must file an amended complaint that he 23 signs. Plaintiff is advised that an amended complaint replaces the original complaint; thus, the 24 amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard Feiner & 25 Co., Inc.,

(9th Cir. 1989). This means the amended complaint must contain all 26 claims, defendants, and factual allegations that Plaintiff wishes to pursue in this action. The 27 submission of a signature page alone will not suffice. Plaintiff must file the amended complaint on 28 this Court’s approved prisoner civil rights form, and must be entitled “Amended Complaint.” 2 1915(a) and Local Rule LSR 1-2. To apply for in forma pauperis status Plaintiff must submit three 3 required documents to the Court. These include: (1) a completed Application to Proceed in Forma 4 Pauperis for Inmate, on this Court’s approved form (i.e. pages 1 through 3 with the inmate’s two 5 signatures on page 3), (2) a Financial Certificate properly signed by both the inmate and a prison 6 or jail official (i.e. page 4 of this Court’s approved form), and (3) a copy of the inmate’s prison or 7 jail trust fund account statement for the previous six-month period. 8 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s application to proceed in forma 9 pauperis (ECF No. 3) is DENIED. 10 IT IS FURTHER ORDERED that the Court will not consider Plaintiff’s unsigned complaint 11 (ECF No. 1-1). If Plaintiff choses to file an amended complaint, the document must be titled 12 “Amended Complaint.” The amended complaint must contain a short and plain statement describing 13 the underlying case showing that Plaintiff is entitled to relief. Fed. R. Civ. P. 8(a)(2). Although the 14 Federal Rules of Civil Procedure adopts a flexible pleading standard, Plaintiff still must give 15 Defendant fair notice of his claims. 16 Plaintiff is advised that if he files an amended complaint, the original Complaint (ECF No. 17 1-1) no longer serves any function in this case. As such, the amended complaint must be complete 18 in and of itself without reference to prior pleadings or other documents. The Court cannot refer to a 19 prior pleading or other documents to make Plaintiff’s amended complaint complete. 20 IT IS FURTHER ORDERED that on or before February 12, 2025, Plaintiff must file a 21 single, complete amended complaint with the Court that is personally signed by him. 22 IT IS FURTHER ORDERED that on or before February 12, 2025, Plaintiff must either pay 23 the $405 filing fee for a civil action or file with the Court: (1) a complete Application to Proceed 24 in Forma Pauperis for Inmate on the Court’s approved form; (2) a Financial Certificate properly 25 signed by both the inmate and a prison or jail official; and (3) a copy of the inmate’s prison or jail 26 trust fund account statement for the previous six-month period. 27 IT IS FURTHER ORDERED that the Clerk of the Court must send Plaintiff (1) the approved 28 form application to proceed in forma pauperis for an inmate along with the information and 2 with the information and instructions for filing the same, and (3) a copy of his initiating documents 3 (ECF Nos. 1-1, 1-2). 4 IT IS FURTHER ORDERED that failure to file a single signed amended complaint and either 5 pay the $405 filing fee or file a complete application to proceed in forma pauperis on or before 6 February 12, 2025, will result in a recommendation to dismiss this action without prejudice. A 7 dismissal without prejudice allows Plaintiff to file his case with the Court, under a new case number, 8 when he is able to comply with LSR 2-1 and file a complete application to proceed in forma pauperis 9 or pay the required filing fee. 10 Dated this 13th day of January, 2025. 11

12 ELAYNA J. YOUCHAH 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28