Cooper v. Pilkington North America

Filing 6

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)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Cooper,

No. CV-13-02147-PHX-GMS
Plaintiff,

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v.

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ORDER

Pilkington North America,

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Defendant.

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On October 30, 2013, the Court dismissed Plaintiff’s Complaint with leave to

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amend. Plaintiff has filed an Amended Complaint. The Court will screen Plaintiff’s First

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Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2) before it is allowed to be served.

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Pursuant to that screening Plaintiff’s First Amended Complaint is dismissed without

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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,

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963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896

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F.2d 1542, 1546 (9th Cir. 1990).

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Complaint as nonexistent. Ferdik, 963 F.2d at 1262. Thus, the Court will consider only

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those claims raised in the First Amended Complaint against only those Defendants named

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in the First Amended Complaint.

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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).

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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

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Court 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,

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Inc., 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).

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Repeated failure to cure deficiencies is one of the factors to be considered in deciding

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whether justice 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

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do so despite specific instructions from the Court.

The Court finds that further

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opportunities to amend would be futile. Therefore, the Court, in its discretion, will

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dismiss Plaintiff’s First Amended Complaint without leave to amend.

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IT IS HEREBY ORDERED Plaintiff’s First Amended Complaint (Doc. 5) and

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this action are dismissed for failure to state a claim, and the Clerk of Court must enter

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judgment accordingly.

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Dated this 14th day of November, 2013.

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