Opinion
CV 22-01540-PHX-JAT (ESW)
10-21-2022
Nina Mae Becker, Plaintiff, v. Mark Brnovich, Defendant.
ORDER
JAMES A. TEILBORG, SENIOR UNITED STATES DISTRICT JUDGE
Plaintiff Nina Mae Becker, who is not in custody, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1), a non-prisoner Application to Proceed In District Court Without Prepaying Fees or Costs (Doc. 2), and a Request by Non-Prisoner Pro Se Party for Electronic Noticing (Doc. 5). The Court will grant the Application to Proceed and the Request and dismiss the Complaint with leave to amend.
I. Application to Proceed In District Court Without Prepaying Fees or Costs
In her Application to Proceed, Plaintiff indicates she has insufficient funds to pay the filing fee for this action. The Court, in its discretion, will grant Plaintiff's Application to Proceed. Plaintiff will not be required to pay the filing fees for this action.
II. Statutory Screening of In Forma Pauperis Complaints
Pursuant to 28 U.S.C. § 1915(e)(2), in a case in which a plaintiff has been granted in forma pauperis status, the Court shall dismiss the case “if the court determines that . . . (B) the action . . . (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.”
A pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2) (emphasis added). While Rule 8 does not demand detailed factual allegations, “it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id.
Rule 8(d)(1) states that “[e]ach allegation must be simple, concise, and direct.” A complaint having the factual elements of a cause of action scattered throughout the complaint and not organized into a “short and plain statement of the claim” may be dismissed for failure to satisfy Rule 8(a). See Sparling v. Hoffman Constr. Co., 864 F.2d 635, 640 (9th Cir. 1988); see also McHenry v. Renne, 84 F.3d 1172 (9th Cir. 1996). Moreover, Rule 10(b) of the Federal Rules of Civil Procedure states that a party “must state its claims . . . 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.”
The Court has reviewed the Complaint and finds it does not comply with Rules 8 and 10 of the Federal Rules of Civil Procedure. It is impossible to ascertain from Plaintiff's allegations to identify the claims she intends to raise and the facts supporting those claims. As a result, the Court is unable to screen the Complaint pursuant to 28 U.S.C. § 1915A(a), and it would be impossible for any Defendant to meaningfully respond to it. Plaintiff's Complaint will therefore be dismissed with leave to amend.
III. Leave to Amend
Within 30 days, Plaintiff may submit a first amended complaint to cure the deficiencies outlined above. Plaintiff must clearly designate on the face of the document that it is the “First Amended Complaint.” The first amended complaint must be retyped or rewritten in its entirety and may not incorporate any part of the original Complaint by reference. Plaintiff may include only one claim per count.
A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original Complaint and that was voluntarily dismissed or was dismissed without prejudice is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc).
If Plaintiff files an amended complaint, she must write short, plain statements telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what that Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff's constitutional right; and (5) what specific injury Plaintiff suffered because of that Defendant's conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976).
Plaintiff must repeat this process for each person she names as a Defendant. If Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for failure to state a claim. Conclusory allegations that a Defendant or group of Defendants has violated a constitutional right are not acceptable and will be dismissed.
IV. Plaintiff's Request Regarding Electronic Noticing
The Court, in its discretion, will grant Plaintiff's Request for Electronic Noticing. Plaintiff must promptly notify the Clerk's Office, in writing, if there is a change in her designated e-mail address.
V. Warnings
A. Address Changes
Plaintiff must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action.
B. Possible Dismissal
If Plaintiff fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any order of the Court).
IT IS ORDERED:
(1) Plaintiff's Application to Proceed In Forma District Court Without Prepaying Fees or Costs (Doc. 2) is granted. Plaintiff is not required to pay the filing fees for this case.
(2) Plaintiff's Request by Non-Prisoner Pro Se Party for Electronic Noticing (Doc. 5) is granted.
(3) The Complaint (Doc. 1) is dismissed for failure to comply with Rules 8 and 10 of the Federal Rules of Civil Procedure. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order.
(4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice and deny any pending unrelated motions as moot.