Briones v. Lombardo

District Court, D. Nevada

Briones v. Lombardo

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 Richi Briones, Case No. 2:25-cv-00129-JAD-EJY

4 Plaintiff ORDER

5 v.

6 Joe Lombardo, et al.,

7 Defendants.

8 9 Before the Court are Plaintiff’s Complaint (ECF No. 1-1), Notice to Add One Additional 10 Claim (ECF No. 3), and Motion to Add New Defendants (ECF No. 7). The Court will not piecemeal 11 Plaintiff’s Complaint together from multiple filings. Plaintiff’s operative Complaint must contain 12 all claims, defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. 13 Furthermore, under Nevada Local Rule of Civil Practice 15-1, when a party seeks to file an amended 14 pleading, the party “must attach the proposed amended pleading to a motion seeking leave of the 15 court to file an amended pleading.” Nev. Loc. R. 15-1. 16 Because Plaintiff’s Notice to Add One Additional Claim (ECF No. 3) is not a properly filed 17 motion seeking leave to file an amended complaint, the Court strikes the notice from the docket. 18 Because Plaintiff’s Motion to Add New Defendants (ECF No. 7) does not include a complete 19 proposed first amended complaint, the Court denies the motion without prejudice. However, the 20 Court gives Plaintiff leave to file a single, complete, first amended complaint on or before June 20, 21 2025. If Plaintiff does not file a complete first amended complaint, the Court will screen the initial 22 Complaint without considering any allegations in Plaintiff’s Notice to Add One Additional Claim 23 or his Motion to Add New Defendants. 24 If Plaintiff chooses to file an amended complaint, he is advised that an amended complaint 25 supersedes (replaces) the original complaint, and, thus, the amended complaint must be complete in 26 itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc.,

896 F.2d 1542, 1546

(9th Cir. 27 1989) (holding that “[t]he fact that a party was named in the original complaint is irrelevant; an 28 amended pleading supersedes the original”); see also Lacey v. Maricopa Cnty.,

693 F.3d 896

, 928 1 (9th Cir. 2012) (holding that for claims dismissed with prejudice, a plaintiff is not required to reallege 2 such claims in a subsequent amended complaint to preserve them for appeal). Plaintiff’s amended 3 complaint must contain all claims, defendants, and factual allegations that Plaintiff wishes to pursue 4 in this lawsuit. 5 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to strike 6 Plaintiff’s Notice to Add One Additional Claim (ECF No. 3) from the docket. 7 IT IS FURTHER ORDERED that Plaintiff’s Motion to Add New Defendants (ECF No. 7) 8 is DENIED without prejudice. Plaintiff may file a complete first amended complaint, including all 9 claims he wishes to pursue in this case on or before June 20, 2025. 10 IT IS FURTHER ORDERED that if Plaintiff does not file a first amended complaint on or 11 before June 20, 2025, the Court will screen Plaintiff’s Complaint (ECF No. 1-1) without considering 12 any of the allegations in his Notice to Add One Additional Claim or his Motion to Add New 13 Defendants. 14 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved 15 form for filing a § 1983 complaint, instructions for the same, and a copy of his original Complaint 16 (ECF No. 1-1), Notice to Add One Additional Claim (ECF No. 3), and his Motion to Add New 17 Defendants (ECF No. 7). 18 Dated this 21st day of May, 2025. 19

20 ELAYNA J. YOUCHAH 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28

Reference

Status
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