United States District Court, D. Nevada
A. LEEN UNITED STATES MAGISTRATE JUDGE.
matter is before the court on Plaintiff Adrian Duerson's
failure to pay the standard filing fee or submit an
application to proceed in forma pauperis
(“IFP”) in this case. This proceeding is referred
to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A)
and LR IB 1-3 of the Local Rules of Practice.
is proceeding in this action pro se, that is
representing himself, and has submitted a complaint as part
of the initiating documents (ECF No. 1), but Plaintiff 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
the complaint does not include any factual allegations, such
as the date of the incident(s) at issue, the nature of the
incident(s), the parties involved, or the facts demonstrating
that Plaintiff was discriminated against. Without written
factual allegations stating the reasons why Plaintiff alleges
that defendant's practices were discriminatory, the court
cannot evaluate whether the complaint states a claim against
the defendant. The court therefore will dismiss
Plaintiff's complaint with leave to file an amended
court appreciates that it is difficult for pro se
parties to litigate their claims; thus, plaintiff is advised
to familiarize himself with the Federal Rules of Civil
Procedure and the Local Rules of Practice. He may also be
able to participate in the Federal Court Ask-A-Lawyer program
coordinated by the Legal Aid Center of Southern
Nevada. It appears plaintiff has complaints
against the alleged discriminatory practices of Sunrise
Children's Foundation. Plaintiff does not identify the
type of discriminatory practices about which he is
complaining. He may be attempting to assert an employment
discrimination claim. The Clerk of the Court will be
instructed to mail Plaintiff a blank form complaint for
employment discrimination claims. Although a form complaint
cannot cover every type of employment discrimination case, it
does highlight certain types of information that is useful to
the court for screening purposes and may aid plaintiffs in
stating a colorable claim. If this is not an employment
discrimination claim plaintiff must state the nature of his
Plaintiff chooses to file an amended complaint, it must be
filed by August 11, 2017. The amended complaint must contain
a short and plain statement of: (1) the grounds for the
court's jurisdiction; (2) any claim he has showing an
entitlement to relief; and (3) a demand for relief.
See Fed. R. Civ. P. 8(a). The amended 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). This means that
plaintiffs should avoid legal jargon and conclusions.
Instead, plaintiff should summarize the information he
believes to be relevant in his own words for each claim
asserted in the amended 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 Plantiff 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
his ability, clarify what constitutional right he believes
each defendant has violated and support each claim with
factual allegations about each defendant's 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)).
is also informed that the court cannot refer to a prior
pleading (i.e., the original complaint) in order to
make the amended complaint complete. Local Rule 15-1 requires
that an amended complaint be complete in itself without
reference to any prior pleading. See LR 15-1(a).
This is because, as a general rule, an amended complaint
supersedes the original complaint. Ramirez v. Cnty. of
San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).
Once a plaintiff files an amended complaint, the original
pleading no longer serves any function in the case.
Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.
1992). Therefore, in an amended complaint, as in an original
complaint, each claim and the involvement of each defendant
must be sufficiently alleged.
IT IS ORDERED:
Clerk of Court shall FILE Plaintiff Adrian Duerson's
Complaint (ECF No. 1-1), but SHALL NOT issue
Clerk of the Court is instructed to mail Plaintiff one blank
form complaint for employment discrimination and an
application to proceed in forma pauperis with
Plaintiff 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.
Plaintiffs 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.
Plaintiffs Complaint is DISMISSED with leave to file an
amended complaint by August 11, 2017
amended complaint must be a complete document in and of
itself and will supersede the original complaint in its
entirety. Any allegations, parties, or requests for relief
from prior papers that are not carried ...