Jackson v. United States Department of Justice Drug Enforcement Administration
Filing
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ORDER that 5 Plaintiff's First Amended Complaint and this action are dismissed for failure to state a claim, and the Clerk must enter judgment accordingly. Signed by Judge G Murray Snow on 10/27/11. (LSP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiff,
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vs.
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United States Department of Justice Drug)
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Enforcement Administration,
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Defendant.
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Richard Edward Jackson, III,
No. CV-11-1748-PHX-GMS
ORDER
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On September 26, 2011, the Court dismissed Plaintiff’s Complaint with leave to
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amend. Plaintiff has filed a “Second” Amended Complaint.1 The Court will screen
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Plaintiff’s First Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2) before it is allowed
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to be served. Pursuant to that screening Plaintiff’s First Amended Complaint is dismissed
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without leave to amend.
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I.
First Amended Complaint
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A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 963
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F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542,
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1546 (9th Cir. 1990). After amendment, the Court treats the original Complaint as
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nonexistent. Ferdik, 963 F.2d at 1262. Thus, the Court will consider only those claims
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Although Plaintiff titles his complaint as a “Second Amended Complaint” it is in fact
a “First Amended Complaint.”
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raised in the First Amended Complaint against only those Defendants named in the First
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Amended Complaint.
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Plaintiff’s First Amended Complaint fails to state a claim on which relief may be
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granted. It is therefore dismissed pursuant to 28 U.S.C. § 1915(e)(2).
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II.
Dismissal without Leave to Amend
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Because Plaintiff has failed to state a claim in his First Amended Complaint, the Court
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will dismiss his First Amended Complaint. “Leave to amend need not be given if a
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complaint, as amended, is subject to dismissal.” Moore v. Kayport Package Express, Inc.,
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885 F.2d 531, 538 (9th Cir. 1989). The Court’s discretion to deny leave to amend is
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particularly broad where Plaintiff has previously been permitted to amend his complaint.
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Sisseton-Wahpeton Sioux Tribe v. United States, 90 F.3d 351, 355 (9th Cir. 1996). Repeated
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failure to cure deficiencies is one of the factors to be considered in deciding whether justice
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requires granting leave to amend. Moore, 885 F.2d at 538.
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Plaintiff has made two efforts at crafting a viable complaint and appears unable to do
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so despite specific instructions from the Court. The Court finds that further opportunities to
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amend would be futile. Therefore, the Court, in its discretion, will dismiss Plaintiff’s First
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Amended Complaint without leave to amend.
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IT IS HEREBY ORDERED Plaintiff’s First Amended Complaint (Doc. 5) and this
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action are dismissed for failure to state a claim, and the Clerk of Court must enter judgment
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accordingly.
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DATED this 27th day of October, 2011.
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