United States District Court, D. Nevada
ORDER AMENDED COMPLAINT [ECF NO. 6]
FERENBACH, UNITED STATES MAGISTRATE JUDGE.
the Court is pro se Plaintiff Emanuel Bryant's amended
complaint. (ECF No. 6). For the reasons discussed below,
Plaintiff's amended complaint is dismissed without
Court previously granted Plaintiff's in forma
pauperis application (ECF No. 3) and dismissed his
complaint without prejudice (ECF No. 5). Plaintiff
subsequently filed an amended complaint, though it is titled
as a “Motion for Amended Complaint.” (ECF No. 6).
amended complaint does not list or describe the Defendants.
(Compare ECF No. 1-1 at 1-2 with ECF No. 6
at 1). The amended complaint alleges that Casio has violated
Plaintiff's rights under 42 U.S.C. § 1981. (ECF No.
6 at 1). Plaintiff asserts that Casio ignored Plaintiff's
complaints that a watch permanently scarred him based on
Plaintiff's race. (Id. at 1-2).
U.S.C. § 1915 requires that, should the Court grant an
application to proceed in forma pauperis, the Court
must review Plaintiff's complaint to determine whether
the complaint is frivolous, malicious, fails to state a claim
on which the Court may grant relief, or if the complaint
seeks damages against a defendant who is immune from that
relief. 28 U.S.C. § 1915(e)(2)(B). Federal Rule of Civil
Procedure 8 mandates that a claim must contain a “short
and plain statement of the claim showing that the pleader is
entitled to relief.” Fed.R.Civ.P. 8(a). To meet Rule
8's burden, a complaint must contain “sufficient
factual matter” establishing that the claim is facially
plausible. Ashcroft v. Iqbal, 556 U.S. 662, 663
(2009). Courts must liberally construe pleadings drafted by
pro se litigants. Resnick v. Warden Hayes, 213 F.3d
443, 447 (9th Cir. 2000) (citing Balistreri v. Pacifica
Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988)).
The Amended Complaint Must Be Complete in Itself
a plaintiff files an amended complaint, ‘[t]he amended
complaint supersedes the original, the latter being treated
thereafter as non-existent.'” Rhodes v.
Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010) (quoting
Loux v. Rhay, 375 F.2d 55, 57 (9th Cir.1967)). An
amended complaint must be “complete in itself,
including exhibits, without reference to the superseded
pleading.” LR 15-1.
original complaint contained a description of the Defendants.
(ECF No. 1-1 at 1-2). This description is not contained in
the amended complaint. (ECF No. 6 at 1). The Court can only
evaluate the amended complaint, because it has replaced the
original complaint in this case. Because there is information
in the original complaint that has been omitted from the
amended complaint, the Court dismisses Plaintiff's
amended complaint without prejudice. This will give Plaintiff
the opportunity to submit a second amended complaint that
contains all of the information at issue in this case.
Plaintiff's Claim is Difficult to Follow
“[n]o technical form is required for complaints (Fed.
R. Civ. P. 8(a)), “[a] party must state its claims or
defenses in numbered paragraphs, each limited as far as
practicable to a single set of circumstances. …If
doing so would promote clarity, each claim founded on a
separate transaction or occurrence…must be stated in a
separate count or defense” (Fed. R. Civ. P. 10(b).
amended complaint, Plaintiff broadly asserts that he
“tried contacting Casio directly on numerous occasions
to get a resolution, ” but he was “consistently
ignored.” (ECF No. 6 at 2). Plaintiff then lists
several responses he received from Casio without indicating
when they took place. (Id.). Plaintiff also makes
contradictory allegations regarding Casio's alleged bias
against him. Plaintiff states that Casio only responded to
his communications once he sent a certified demand letter
containing photographs. (Id.). However, Plaintiff
also states that “[o]nce they learned that [he] was
African-American because of the pictures…they ceased
being cooperative.” (Id.).
to the amended complaint are dozens of pages of exhibits.
(Id. at 3-61). However, the amended complaint does
not explain what the exhibits are or cite to them. The Court
will not go through almost 60 pages of exhibits to try and
determine how, or whether, they support Plaintiff's vague
allegations in his complaint. Dismissing the amended