United States District Court, D. Nevada
FOLEY, JR. UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on Plaintiff's Application to
Proceed in Forma Pauperis (ECF No. 1), filed April
Application to Proceed In Forma Pauperis
filed this instant action and attached a financial affidavit
to her application and complaint as required by 28 U.S.C.
§ 1915(a). Reviewing Plaintiff's financial affidavit
pursuant to 28 U.S.C. § 1915, the Court finds that
Plaintiff is unable to pre-pay the filing fee. As a result,
Plaintiff's request to proceed in forma pauperis
in federal court is granted.
Screening the Complaint
granting a request to proceed in forma pauperis, a
court must additionally screen a complaint pursuant to 28
U.S.C. § 1915(e). Specifically, federal courts are given
the authority to dismiss a case if the action is legally
“frivolous or malicious, ” fails to state a claim
upon which relief may be granted, or seeks monetary relief
from a defendant/third party plaintiff who is immune from
such relief. 28 U.S.C. § 1915(e)(2).
Rule 8(a)(2), a pleading must contain a “short and
plaint statement of the claim showing that the pleader is
entitled to relief.” “[T]he pleading standard
Rule 8 announces does not require detailed factual
allegations, but it demands more than an unadorned,
the-defendant- unlawfully-harmed-me accusation.”
Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct.
1937, 1949 (2009) citing Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007). Mere
“labels or conclusions” or a “formulaic
recitation of the elements of a cause of action” will
not suffice. Id. Neither will naked assertions that
are devoid of further factual enhancement. Id.
one-page complaint provides the Court with no factual basis
for her claims whatsoever. It appears to allege a claim
against St. Jude's Ranch for “continually sent
[sic] persons after [Plaintiff] to steal [her] drivers
licence [sic] personal belongings and beat and moleste [sic]
and annoying remarks” and discriminate against her
based on her race. Complaint ECF No. 1-1. Moreover,
the Complaint fails to indicate the Court has jurisdiction
over the subject matter. Id. This is simply
inadequate and the Court cannot conduct a screening of
Plaintiff's complaint. Therefore, the Court will dismiss
Plaintiff's complaint with leave to amend. Plaintiff is
advised that she must provide the court with a proper factual
basis for her claims in her amended complaint. In addition,
Plaintiff's complaint appears to be alleging civil rights
violations pursuant to 42 U.S.C. § 1983, against a
private actor who is not subject to suit under that Act.
U.S.C. § 1983 does not reach private conduct, regardless
of how discriminatory or wrongful it may be. Am. Mfrs.
Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 50 (1999). Even
involving cases where there is extensive state funding and
regulation of a private activity, “the mere fact that a
business is subject to state regulation does not by itself
convert its action into that of the State for purposes of the
Fourteenth Amendment.” Jackson v. Metropolitan
Edison Co., 419 U.S. 345, 350 (1974); see also
Rendell-Baker, 457 U.S. 830 at 842-43.
Plaintiff elects to proceed in this action by filing an
amended complaint, she is informed that the court cannot
refer to a prior pleading in order to make her amended
complaint complete. Local Rule 15-1 requires that an amended
complaint be complete in itself without reference to any
prior pleading. This is because, as a general rule, an
amended complaint supersedes the original complaint. See
Valdez-Lopez v. Chertoff, 656 F.3d 851, 857 (9th Cir.
2011); see Loux v. Rhay, 375 F.2d 55, 57 (9th
Cir.1967). Once Plaintiff files an amended complaint, the
original pleading no longer serves any function in the case.
Therefore, in an amended complaint, as in an original
complaint, each claim and the involvement of each defendant
must be sufficiently alleged. Accordingly, IT IS
HEREBY ORDERED that Plaintiffs Application to
Proceed in Forma Pauperis is
granted. Plaintiff shall not be required to
pre-pay the full filing fee of four hundred dollars
IS FURTHER ORDERED that Plaintiff is permitted to
maintain this action to conclusion without the necessity of
prepayment of any additional fees or costs or the giving of
security therefor. This Order granting leave to proceed
in forma pauperis shall not extend to the issuance
of subpoenas at government expense.
IS FURTHER ORDERED that Plaintiffs Complaint is
dismissed without prejudice, with leave to
amend. Plaintiff shall have until June 4,
2018 to file an ...