United States District Court, D. Nevada
J. YOUCHAH, UNITED STATES DISTRICT JUDGE
brings this case pro se, and is seeking to proceed
in forma pauperis. District courts screen complaints
brought by plaintiffs seeking to proceed in forma
pauperis. 28 U.S.C. § 1915(e).
In Forma Pauperis Application
submitted the declaration required by 28 U.S.C. §
1915(a) showing an inability to prepay fees and costs or give
security for them. Accordingly, Plaintiff's request to
proceed in forma pauperis is granted.
Screening the Complaint
granting a request to proceed in forma pauperis, a
court must screen the complaint under 28 U.S.C. §
1915(e)(2). In screening the complaint, a court must identify
cognizable claims and dismiss claims that are frivolous,
malicious, file to state a claim on which relief may be
granted or seek monetary relief from a defendant who is
immune from such relief. 28 U.S.C. § 1915(e)(2).
Dismissal for failure to state a claim under §
1915(e)(2) incorporates the standard for failure to state a
claim under Federal Rule of Civil Procedure 12(b)(6).
Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.
2012). To survive § 1915 review, a complaint must
“contain sufficient factual matter, accepted as true,
to state a claim to relief that is plausible on its
face.” See Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). The court liberally construes pro se complaints
and may only dismiss them “if it appears beyond doubt
that the plaintiff can prove no set of facts in support of
his claim which would entitle him to relief.”
Nordstrom v. Ryan, 762 F.3d 903, 908 (9th
Cir. 2014) (quoting Iqbal, 556 U.S. at 678).
considering whether the complaint is sufficient to state a
claim, all allegations of material fact are taken as true and
construed in the light most favorable to the plaintiff.
Wyler Summit P'ship v. Turner Broad. Sys. Inc.,
135 F.3d 658, 661 (9th Cir. 1998) (citation omitted).
Although the standard under Rule 12(b)(6) does not require
detailed factual allegations, a plaintiff must provide more
than mere labels and conclusions. Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007). A formulaic
recitation of the elements of a cause of action is
insufficient. Id. Unless it is clear the
complaint's deficiencies could not be cured through
amendment, a pro se plaintiff should be given leave
to amend the complaint with notice regarding the
complaint's deficiencies. Cato v. United States,
70 F.3d 1103, 1106 (9th Cir. 1995).
Plaintiff's Complaint for Violation of Civil Rights (ECF
No. 1-1) fails to state a claim upon which relief may be
granted. Plaintiff claims that on July 17, 2018, he was
“kidnapped and human trafficked [by Defendants City of
Las Vegas Detention Center, North Las Vegas Police
Department, Mesquite Justice Court, Clark County Detention
Center, North Las Vegas Municipal Court, and Las Vegas
Metropolitan Police Department], held for capital without
indictment by grand jury, cruel punishment, destruct [sic] of
justice.” ECF No. 1-1 at 5. Plaintiff further claims
that Defendants were compensated for their involvement. ECF
No. 1-1 at 5. Thereafter, Plaintiff filed a “Notice of
Sovereignty” with this Court, stating that the
“Treaty of Peace and Friendship, between Morocco and
United States of America, is Supreme Law of the Land.”
ECF No. 2.
than identifying events that appear to have allegedly
occurred in Las Vegas, Plaintiff's claims against
Defendants are vague and are not supported by any descriptive
facts or circumstances that support the conclusory
allegations regarding the alleged incident. Moreover,
“a litigant's reliance on any Barbary Treaty,
including on the Treaty with Morocco, for the purposes of a
civil suit raising claims based on … events that
occurred within what is the United States' geographical
territory is facially frivolous . . . .” El Ameen
Bey v. Stumpf, 825 F.Supp.2d 537, 538 (D. N.J. 2011).
THEREFORE ORDERED that Plaintiff's Application for Leave
to Proceed In Forma Pauperis (ECF No. 1) is GRANTED.
Plaintiff will not be required to pay the filing fee in this
action. Plaintiff is permitted to maintain this action to
conclusion without the necessity of prepayment of any
additional fees or costs or the giving of a security for fees
or costs. This Order granting leave to proceed in forma
pauperis does not extend to the issuance of subpoenas at
government expense. The Court therefore will dismiss
Plaintiffs complaint without prejudice for the Plaintiff to
file an amended complaint.
Plaintiff chooses to file an amended complaint, the document
must be titled “Amended Complaint.” The amended
complaint must contain a short and plain statement of the
grounds for the Court's jurisdiction. See Fed.
R. Civ. P. 8(a)(1). Additionally, the amended complaint must
contain a short and plain statement describing the underlying
case and Defendant's conduct that constitutes
discrimination. See Fed. R. Civ. P. 8(a)(2).
Although the Federal Rules of Civil Procedure adopt a
flexible pleading standard, Plaintiff still must give the
Defendants fair notice of the Plaintiffs claims against it
and Plaintiffs entitlement to relief.
Plaintiff is advised that if he files an amended complaint,
the original complaint (ECF No. 1-1) no longer serves any
function in this case. As such, the amended complaint must be
complete in and of itself without reference to prior
pleadings or other documents. The Court cannot refer to a
prior pleading or other documents to make Plaintiffs amended
FURTHER ORDERED that the Clerk of the Court must file
Plaintiffs complaint (ECF No. 1-1).
FURTHER ORDERED that the Complaint (ECF No. 1-1) is DISMISSED
without prejudice for failure to state a claim upon which
relief can be granted, with leave to amend. If Plaintiff
chooses to file an amended complaint, Plaintiff must file the
amended complaint within 30 days from the date of this Order.