United States District Court, D. Nevada
MICHELLE R. HUDSON HALE, Plaintiff,
WILMER HALE, et al., Defendants.
ORDER APPLICATION TO PROCEED IN FORMA PAUPERIS [ECF
NO. 1] AND COMPLAINT [ECF NO.1-1]
FERENBACH, UNITED STATES MAGISTRATE JUDGE
the Court is pro se Plaintiff Michelle R. Hudson Hale's
application to proceed in forma pauperis (ECF No. 1)
and amended complaint (ECF No. 1-1). For the reasons
discussed below, Plaintiff's in forma pauperis
application is granted. However, Plaintiff's complaint is
dismissed without prejudice.
filings present two questions: (1) whether she may proceed
in forma pauperis under 28 U.S.C. § 1915(e) and
(2) whether her complaint states a plausible claim for
Plaintiff's In Forma Pauperis Is
plaintiff may bring a civil action “without prepayment
of fees or security therefor” if the plaintiff submits
a financial affidavit demonstrating that the plaintiff is
“unable to pay such fees or give security
therefor.” 28 U.S.C. § 1915(a)(1). Plaintiff's
application states that she receives $700 per month from
disability and Social security. (ECF No. 1 at 1).
Plaintiff's monthly expenses total $1000. (Id.
at 2). Based on this information, the Court finds that
Plaintiff is unable to pay fees in this case. Plaintiff's
application to proceed in forma pauperis is granted.
Plaintiff's Amended Complaint Fails to State a Claim Upon
Which the Court May Grant Relief
1915 also 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
“[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).
statement of her breach of contract claim is a single
paragraph that is very difficult to follow. (ECF No. 1-1 at
6). Plaintiff appears to broadly assert that Defendants
failed to transfer accounts and real estate from the Estate
of Peter Hale to Plaintiff. (Id.). Plaintiff alleges
that this caused damages from lost real estate, lost wages,
lost stock accounts, and pain and suffering. (Id.).
Plaintiff fails to explain how any particular Defendant was
involved. Plaintiff lists 11 Defendants-four attorneys, a
caregiver, three banks, and three stockbrokers. (Id. at
2-4). Plaintiff does not state what contracts any Defendant
was operating under, what the terms of the contracts are, or
how any Defendant breached their contracts. Plaintiff does
not give any dates or facts to support her assertion that the
Defendants have breached their contracts. Plaintiff also
fails to explain how the Defendants' actions caused her
the complaint without prejudice will allow Plaintiff the
opportunity to amend her complaint to make her allegations
clearer. The Court cautions Plaintiff that “when 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.
and for good cause shown, IT IS ORDERED that Plaintiff's
application to proceed in forma ...