Cooper v. Pilkington North America
ORDER: Plaintiff's First Amended Complaint 5 and this action are dismissed for failure to state a claim, and the Clerk of Court must enter judgment accordingly. Signed by Judge G Murray Snow on 11/14/2013. (ALS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Pilkington North America,
On October 30, 2013, the Court dismissed Plaintiff’s Complaint with leave to
amend. Plaintiff has filed an Amended Complaint. The Court will screen Plaintiff’s First
Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2) before it is allowed to be served.
Pursuant to that screening Plaintiff’s First Amended Complaint is dismissed without
leave to amend.
First Amended Complaint
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).
Complaint as nonexistent. Ferdik, 963 F.2d at 1262. Thus, the Court will consider only
those claims raised in the First Amended Complaint against only those Defendants named
in the First Amended Complaint.
After amendment, the Court treats the original
Plaintiff’s First Amended Complaint again fails to state a claim on which relief
may be granted. It is therefore dismissed pursuant to 28 U.S.C. § 1915(e)(2).
Dismissal without Leave to Amend
Because Plaintiff has failed to state a claim in his First Amended Complaint, the
Court will dismiss his First Amended Complaint. “Leave to amend need not be given if a
complaint, as amended, is subject to dismissal.” Moore v. Kayport Package Express,
Inc., 885 F.2d 531, 538 (9th Cir. 1989). The Court’s discretion to deny leave to amend is
particularly broad where Plaintiff has previously been permitted to amend his complaint.
Sisseton-Wahpeton Sioux Tribe v. United States, 90 F.3d 351, 355 (9th Cir. 1996).
Repeated failure to cure deficiencies is one of the factors to be considered in deciding
whether justice requires granting leave to amend. Moore, 885 F.2d at 538.
Plaintiff has made two efforts at crafting a viable complaint and appears unable to
do so despite specific instructions from the Court.
The Court finds that further
opportunities to amend would be futile. Therefore, the Court, in its discretion, will
dismiss Plaintiff’s First Amended Complaint without leave to amend.
IT IS HEREBY ORDERED Plaintiff’s First Amended Complaint (Doc. 5) and
this action are dismissed for failure to state a claim, and the Clerk of Court must enter
Dated this 14th day of November, 2013.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?