United States District Court, D. Nevada
Hoffman, Jr. United States Magistrate Judge.
before the Court is pro se Plaintiff Donovan Smith's
application for leave to proceed in forma pauperis
(ECF No. 9), filed on June 17, 2016. Also before the Court is
Plaintiff's civil complaint (ECF No. 1-1), filed on March
17, 2016. The Court previously denied Plaintiff's prior
applications to proceed in forma pauperis (ECF Nos.
1 and 6) without prejudice.
In Forma Pauperis Application
has submitted the declaration required by 28 U.S.C. §
1915(a) showing an inability to prepay fees and costs or give
security for them. The Court will therefore grant
Plaintiff's request to proceed in forma
pauperis. The Court will now screen Plaintiff's
Screening the Complaint
to 28 U.S.C. § 1915(e)(2), upon granting a request to
proceed in forma pauperis, a court must screen the
plaintiff's complaint. To screen a complaint, a court
must identify cognizable claims and dismiss claims that are
frivolous, malicious, fail to state a claim on which relief
may be granted, or seek monetary relief from a defendant who
is immune from such relief. 28 U.S.C. § 1915(e)(2).
Dismissal for failure to state a claim under §
1915(e)(2) incorporates the standard for failure to state a
claim under Federal Rule of Civil Procedure 12(b)(6).
Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.
2012). To survive § 1915 review, a complaint must
“contain sufficient factual matter, accepted as true,
to state a claim to relief that is plausible on its
face.” See Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). The Court liberally construes pro se complaints
and may only dismiss them “if it appears beyond doubt
that the plaintiff can prove no set of facts in support of
his claim which would entitle him to relief.”
Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir. 2014)
(quoting Iqbal, 556 U.S. at 678).
determine whether the complaint is sufficient to state a
claim, all allegations of material fact are taken as true and
construed in the light most favorable to the plaintiff.
Wyler Summit P'ship v. Turner Broad. Sys. Inc.,
135 F.3d 658, 661 (9th Cir. 1998). Although the standard
under Rule 12(b)(6) does not require detailed factual
allegations, a plaintiff must provide more than mere labels
and conclusions. Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007). A formulaic recitation of the elements
of a cause of action is insufficient. Id. Finally,
unless it is clear that the complaint's deficiencies
cannot be cured through amendment, a pro se plaintiff should
be given leave to amend the complaint with notice regarding
its deficiencies. Cato v. United States, 70 F.3d
1103, 1106 (9th Cir. 1995).
complaint, as best the Court can understand it, is a one
paragraph description of events that allegedly took place on
September 10, 2015, near a Circle K gas station. Plaintiff
seems to allege a conspiracy against her led by the named
Defendant, Samantha Eisenberg, an officer of the Las Vegas
Metropolitan Police Department (LVMPD). Plaintiff alleges
that Eisenberg attempted to have her killed by some unnamed
“mutual acquaintances” in retaliation for
Plaintiff's causing Eisenberg to lose her “Las
Vegas metro credentials.” Plaintiff's complaint is
accompanied by several lengthy letters (ECF Nos. 1-3, 1-4,
and 1-5), which the Court will construe as part of the
complaint. These letters also allege a conspiracy, but no
particular facts to support this conclusion. The Court is
left without any indication of what Plaintiff alleges to have
occurred, beyond the words “conspiracy” and
noted above, a cognizable claim must provide more than mere
labels and conclusions. Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007). Although claims made
by pro se plaintiffs are to be construed liberally, they are
still bound by the federal rules of procedure. Ghazali v.
Moran, 46 F.3d 52, 54 (9th Cir. 1995). Here, even under
the most generous reading, Plaintiff's claims do not
satisfy the requirement of Federal Rule of Civil Procedure
8(a)(2), which requires that a complaint must contain
“a short and plain statement of the claim showing that
the pleader is entitled to relief.” Plaintiff has
failed to state a claim on which relief may be granted, and
the Court will dismiss the complaint pursuant to 28 U.S.C.
§ 1915(e)(2). Plaintiff will have leave to amend the
complaint to correct the noted deficiencies.
THEREFORE ORDERED that Plaintiffs application for leave to
proceed in forma pauperis (ECF No. 9) is granted.
Plaintiff is permitted to maintain this action to conclusion
without the necessity of prepayment of any additional fees or
costs or the giving of a security for fees or costs. This
order does not extend to the issuance of subpoenas at
FURTHER ORDERED that the Clerk of the Court must file
Plaintiffs complaint (ECF No. 1-1).
FURTHER ORDERED that the complaint is dismissed without
prejudice for failure to state a claim upon which relief can
be granted. Plaintiff may choose to file an amended complaint
correcting the noted deficiencies within 30 days of the date
of this order. ...