1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 DAVID THOMPSON, Case No. 3:25-cv-00402-ART-CLB 5 Plaintiff, ORDER 6 v.

7 DANA MARKS, et al.,

8 Defendants.

9 DISCUSSION 10 On August 5, 2025, pro se Plaintiff David Thompson, who is incarcerated in the 11 custody of the Nevada Department of Corrections (“NDOC”), submitted two different 12 complaints to this Court. (ECF Nos. 1-1, 1-2). The Court will not piecemeal Plaintiff’s 13 complaints together. Instead, Plaintiff must file one operative complaint that contains all 14 claims, defendants, and factual allegations that Plaintiff wishes to pursue in this lawsuit. 15 The Court will grant Plaintiff until September 26, 2025, to file a fully complete first 16 amended complaint. 17 If Plaintiff chooses to file a first amended complaint, he is advised that a first 18 amended complaint supersedes (replaces) the original complaints and, thus, the first 19 amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard 20 Feiner & Co., Inc.,

(9th Cir. 1989) (holding that “[t]he fact that a party 21 was named in the original complaint is irrelevant; an amended pleading supersedes the 22 original”); see also Lacey v. Maricopa Cnty.,

(9th Cir. 2012) (holding 23 that for claims dismissed with prejudice, a plaintiff is not required to reallege such claims 24 in a subsequent amended complaint to preserve them for appeal). Plaintiff’s first 25 amended complaint must contain all claims, defendants, and factual allegations that 26 Plaintiff wishes to pursue in this lawsuit. Moreover, Plaintiff must file the first amended 27 1 || complaint on this Court’s approved prisoner civil rights form and mark the box “First 2 || Amended Complaint.” 3 || I. CONCLUSION 4 It is therefore ordered that, if Plaintiff chooses to file a first amended complaint, 5 || Plaintiff will file the first amended complaint by September 26, 2025. 6 It is further ordered that the Clerk of the Court will send to Plaintiff the approved 7 || form for filing a § 1983 complaint, instructions for the same, and copies of his complaints 8 || (ECF Nos. 1-1, 1-2). If Plaintiff chooses to file a first amended complaint, he must use 9 || the approved form and mark the box “First Amended Complaint” in the caption. 10 It is further ordered that, if Plaintiff does not timely file a first amended complaint, 11 || the Court will screen the second filed complaint (ECF No. 1-2) as the operative amended 12 || complaint. 13 14 DATED: August 28, 2025. 15 Z | .

16 7 UNITED STATES\MAGISTRATE JUDGE

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