1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3

4 SEAN SMITH, Case No. 2:25-cv-01617-MMD-BNW

5 Plaintiff, ORDER v. 6 RONALD OLIVER, et al., 7 Defendants. 8 9 I. DISCUSSION 10 On August 28, 2025, pro se plaintiff Sean Smith, an inmate in the custody of the 11 Nevada Department of Corrections, submitted a complaint under

and 12 applied to proceed in forma pauperis. (ECF Nos. 1-1, 1). But Plaintiff did not personally 13 sign the Complaint under penalty of perjury. (ECF No. 1-1 at 10). The Court will give 14 Plaintiff until October 10, 2025, to file a signed first amended complaint. 15 “A civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 16 3. “A civil-rights complaint filed by a person who is not represented by an attorney must 17 be submitted on the form provided by this court or must be legible and contain 18 substantially all the information called for by the court’s form.” Nev. L.R. LSR 2-1. And the 19 complaint must be signed personally by the unrepresented party. Fed. R. Civ. P. 11(a). 20 The Court cannot consider the original complaint because Plaintiff did not 21 personally sign it. If Plaintiff wants to proceed with this action, Plaintiff must file an 22 amended complaint that is signed personally by him. Plaintiff is advised that an amended 23 complaint replaces the original complaint, so the amended complaint must be complete 24 in itself. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc.,

, 1546 25 (9th Cir. 1989). This means the amended complaint must contain all claims, defendants, 26 and factual allegations that Plaintiff wishes to pursue in this action. The submission of a 27 mere signature page will not be enough. Moreover, Plaintiff should file the amended 1 || complaint on this Court’s approved civil-rights form, and it must be titled “First Amended 2 || Complaint.” 3 || Ul. CONCLUSION 4 It is therefore ordered that Plaintiff has until October 10, 2025, to submit a signed 5 || amended complaint to this Court. 6 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 7 || Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 8 || to refile the case with the Court, under a new case number, when Plaintiff can file a signed 9 || complaint. 10 The Clerk of the Court is directed to send Plaintiff Sean Smith the approved form 11 || for filing a

complaint and instructions for the same. 12 13 DATED: September 10, 2025. 14 . 15 Lx tne Les ne fat UNI ATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27

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