United States District Court, D. Nevada
LEEN, UNITED STATES MAGISTRATE JUDGE.
matter is before the court on Plaintiff Jamal Brian
Hicklen's failure to pay the standard filing fee or
submit an application to proceed in forma pauperis
(“IFP”) in this case.
Hicklen is proceeding in this action pro se, that
is, representing himself. He has submitted initiating
documents (ECF No. 1), that is, a series of papers, which
appear to seek some form of relief from this court for
monetary damages against the Las Vegas Metropolitan Police
Department “for services rendered.” He may also
be attempting to make claims against other state or federal
law enforcement agencies. However, he did not submit an IFP
application or remit the $400.00 filing fee. In order to
proceed in this action without paying the standard filing
fee, 28 U.S.C. § 1915 and LSR 1-1 provides that a
litigant must submit the court's form IFP application.
the initiating documents did not include a complaint. Mr.
Hicklen may be attempting to bring a civil rights action. LSR
2-1 of the Local Rules of Practice states that a “civil
rights complaint filed by a person who is not represented by
counsel must be submitted on the form provided by this
court.” Id. (emphasis added). If Hicklen
wants to move forward with his claims, he must submit a
complaint on the court's approved form. The Clerk of the
Court will be directed to mail him a blank IFP application
and civil rights complaint along with the instructions for
completing the forms.
complaint must contain a short and plain statement of: (1)
the grounds for the court's jurisdiction; (2) any claim
he has showing he is entitled to relief; and (3) a demand for
the relief he seeks. See Fed. R. Civ. P. 8(a). The
complaint should set forth the claims in short and plain
terms, simply, concisely, and directly. See Swierkeiewicz
v. Sorema N.A., 534 U.S. 506, 514 (2002); see also
Sparling v. Hoffman Constr. Co., 864 F.2d 635, 640 (9th
Cir. 1988) (“If the factual elements of a cause of
action are scattered throughout the complaint but are not
organized into a ‘short and plain statement of the
claim, ' dismissal for failure to satisfy Rule 8(a) is
proper.”). A plaintiff should summarize the information
he believes to be relevant in his own words for each claim
asserted in the complaint. Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (Rule 8 demands “more than labels
and conclusions” or a “formulaic recitation of
the elements of a cause of action”).
is advised to support each of his claims with factual
allegations because all complaints “must contain
sufficient allegations of underlying facts to give fair
notice and to enable the opposing party to defend itself
effectively.” Starr v. Baca, 652 F.3d 1202,
1216 (9th Cir. 2011). When claims are alleged against
multiple defendants, the complaint should clearly indicate
which claims apply to which defendant. McHenry v.
Renne, 84 F.3d 1172, 1178 (9th Cir. 1995). Plaintiff
should specifically identify each defendant to the best of
their ability, clarify what constitutional right they believe
each defendant has violated and support each claim with
factual allegations about each defendant's actions. There
can be no liability under 42 U.S.C. § 1983 unless there
is some affirmative link or connection between a
defendant's actions and the claimed deprivation. See,
e.g., Iqbal, 556 U.S. at 676 (holding that a
plaintiff must allege that each government official violated
the Constitution through his or her own actions). Where
multiple claims are alleged, the complaint should identify
which factual allegations give rise to each particular claim.
McHenry, 84 F.3d at 1178. Plaintiff must state
“enough facts to raise a reasonable expectation that
discovery will reveal evidence” of the allegations
charged. Cafasso, United States ex rel. v. General
Dynamics C4 Systems, Inc., 637 F.3d 1047, 1055 (9th Cir.
2011) (quoting Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 556 (2007)).
the court cannot refer to a prior pleading in order to make a
complaint complete. See LR 15-1(a). Any allegations,
parties, or requests for relief from prior papers that are
not carried forward in the complaint will no longer be before
the court. See Ramirez v. Cnty. of San Bernardino,
806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly, IT IS
Clerk of Court shall retain Plaintiff Jamal Brian
Hicklen's initiating documents (ECF No. 1).
Clerk of the Court is instructed to mail Mr. Hicklen a blank
form Application to Proceed in Forma Pauperis and
civil rights complaint along with the instructions for
completing the forms.
Hicklen shall have until August 11, 2017, to: (a) submit an
Application to Proceed in Forma Pauperis,
accompanied by a signed and executed financial affidavit
disclosing the applicant's income, assets, expenses and
liabilities, or (b) pay the $400 filing fee, accompanied by a
copy of this Order.
Hicklen's failure to comply with this Order by: (a)
submitting an Application to Proceed In Forma
Pauperis, or (b) paying the $400 filing fee, before the
deadline will result in a recommendation to the district
judge that this case be dismissed.
Hicklen shall have until August 11, 2017, to file a
Hicklen's failure to comply with this Order by submitting
a complaint before deadline will result in a recommendation
to the district judge that this case be dismissed.
complaint must be a complete pleading in and of itself and it
will supersede any previously submitted allegations. Any
parties, allegations, or requests for relief from prior
papers that are not ...