Opinion
CV-22-01779-PHX-SMB
10-21-2022
Dimitri Trevon Williams, et al., Plaintiff, v. Unknown Party, Defendant.
ORDER
HON SUSAN M. BRONOVICH UNITED STATES DISTRICT JUDGE
Plaintiff Dimitri Williams filed suit against an unnamed Defendant. (Doc. 1.) Plaintiff is a resident of an unknown facility and is requesting relief and remedies from COVID-19 exposure. (Id.) The Court will deny Plaintiff's petition with leave to amend for the reasons stated below. Additionally, because Plaintiff's petition includes his date of birth and social security number, the Court by its own motion will order this petition sealed. See LRCiv 5.6(b).
I. GROUNDS FOR DISMISSAL
Plaintiff's filing has the following deficiencies: (1) failure to state the Court's jurisdiction (see Fed.R.Civ.P. 8(a)(1)); (2) failure to name a defendant (see Fed.R.Civ.P. 10(a)); and (3) failure to state a legal basis for the alleged claims (see Fed.R.Civ.P. 10(b)).
II. LEAVE TO AMEND
“[A] district court should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not possibly be cured by the allegation of other facts.” Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (cleaned uP).
Plaintiff's amended complaint must address the deficiencies identified above and should follow the form detailed in Rule 7.1 of the Local Rules of Civil Procedure. Within twenty-one (21) days from the date of entry of this Order, Plaintiff may submit an amended complaint. Plaintiff must clearly designate on the face of the document that it is the “First Amended Complaint.” The amended complaint must be retyped or rewritten in its entirety and may not incorporate any part of the original Complaint by reference.
The Court also advises Plaintiff that certain resources for self-represented parties, including a handbook and the Local Rules, are available on the Court's website, www.azd.uscourts.gov, by following the link “For Those Proceeding Without an Attorney.”
III. CONCLUSION
Accordingly, IT IS ORDERED dismissing Plaintiff's petition without prejudice and ordering the Clerk of Court to seal (Doc. 1).
IT IS FURTHER ORDERED granting Plaintiff leave to amend within 21 days of this Order.