Gilchrist v. US Small Business Administration Agency

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 1/7/2016 GRANTING 2 Motion to Proceed IFP; DISMISSING the 1 Complaint; GRANTING the plaintiff thirty days to file an amended complaint; CAUTIONING the plaintiff that a failure to file an amended complaint compliant with this order will result in a recommendation that this action be dismissed; DIRECTING the Clerk of Court to send the plaintiff a copy of Pro Se Form No. 7. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ESSIE J. GILCHRIST,

12
13
14
15
16
17

No. 2:15-cv-02678-JAM-AC

Plaintiff,
v.

ORDER

U.S. SMALL BUSINESS
ADMINISTRATION AGENCY,
Defendant.
Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to

18

28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by

19

Local Rule 302(c)(21). Plaintiff has submitted the affidavit required by § 1915(a) showing that

20

plaintiff is unable to prepay fees and costs or give security for them. Accordingly, the request to

21

proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).

22

I. SCREENING STANDARD

23

Granting IFP status does not end the court’s inquiry. The federal IFP statute requires

24

federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to state a

25

claim upon which relief may be granted, or seeks monetary relief from a defendant who is

26

immune from such relief. 28 U.S.C. § 1915(e)(2).

27
28

Plaintiffs must assist the court in making this determination by drafting their complaint so
that it contains a “short and plain statement” of the basis for federal jurisdiction (that is, the
1

1

reason the case is filed in this court, rather than in a state court), as well as a short and plain

2

statement showing that plaintiffs are entitled to relief (that is, who harmed the plaintiffs, and in

3

what way). Plaintiffs’ claims must be set forth simply, concisely and directly. See “Rule 8” of

4

the Federal Rules of Civil Procedure (Fed. R. Civ. P. 8). The Federal Rules of Civil Procedure

5

are available online at www.uscourts.gov/rules-policies/current-rules-practice-

6

procedure/federalrules-civil-procedure. Forms are also available to help pro se plaintiffs organize

7

their complaint in the proper way. They are available online at www.uscourts.gov/forms/pro-se-

8

forms.

9

A claim is legally frivolous when it lacks an arguable basis either in law or in fact.

10

Neitzke v. Williams, 490 U.S. 319, 325 (1989). In reviewing a complaint under this standard, the

11

court will (1) accept as true all of the factual allegations contained in the complaint, unless they

12

are clearly baseless or fanciful, (2) construe those allegations in the light most favorable to the

13

plaintiff, and (3) resolve all doubts in the plaintiffs’ favor. See Neitzke, 490 U.S. at 327;

14

Erickson v. Pardus, 551 U.S. 89, 94 (2007); Von Saher v. Norton Simon Museum of Art at

15

Pasadena, 592 F.3d 954, 960 (9th Cir. 2010); Hebbe v. Pliler, 627 F.3d 338, 340 (9th Cir. 2010).

16

However, the court need not accept the truth of legal conclusions that are phrased as

17

factual allegations, or allegations that contradict matters properly subject to judicial notice. See

18

Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981); Sprewell v. Golden State

19

Warriors, 266 F.3d 979, 988 (9th Cir.), as amended, 275 F.3d 1187 (2001).

20

Pro se pleadings are held to a less stringent standard than those drafted by lawyers.

21

Haines v. Kerner, 404 U.S. 519, 520 (1972). Pro se complaints are construed liberally and may

22

only be dismissed if it appears beyond doubt that the plaintiff can prove no set of facts in support

23

of her claim which would entitle her to relief. Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir.

24

2014). A pro se litigant is entitled to notice of the deficiencies in the complaint and an

25

opportunity to amend, unless the complaint’s deficiencies could not be cured by amendment. See

26

Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987).

27

////

28

////
2

1
2
3
4
5
6

II. ANALYSIS
Plaintiff’s complaint reads, in its entirety, as follows:
Unlawful to deny promotion and or due process in retaliation. Also
obstruction of attempts to obtain union representation for the
District Office and misinformation by Admin Officer to not include
employees in monetary settlement given by Union. Other harassing
events by District Director, employees which was noticed and told
to me to make sure I noticed by other SBA employees in PLP, and
Disaster Office during co-partnered events.

7

ECF No. 1 at 1. Plaintiff’s complaint also attaches correspondence from the U.S. Equal

8

Employment Opportunity Commission (EEOC) regarding a claim she filed before them. Plaintiff

9

does not, however, explain how that correspondence relates to her complaint.

10

Such a complaint does not contain a short and plain statement showing the court has

11

jurisdiction and why plaintiff is entitled to relief, as required by Federal Rule of Civil Procedure

12

8(a). Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair

13

notice and state the elements of the claim plainly and succinctly. Jones v. Community Redev.

14

Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff’s brief complaint contains sentences that are

15

largely incomplete and/or incoherent. Based on what can be understood from her complaint and

16

its attachments, it seems that plaintiff is pursuing some sort of employment discrimination claim

17

against defendant. It is not clear, however, precisely what claim or claims plaintiff is asserting or

18

what facts her complaint is based on. Accordingly, the court finds that plaintiff has failed to

19

comply with the requirements of Federal Rule 8(a) and her complaint must be dismissed. The

20

court will, however, grant plaintiff leave to file an amended complaint.

21

Plaintiff is cautioned that if she chooses to file an amended complaint, she must submit a

22

short and plain statement in accordance with Federal Rule 8(a) pointing to some cognizable legal

23

theory that entitles her to relief. Any amended complaint must also include facts that establish the

24

federal court has jurisdiction, the action is brought in the right place, and plaintiff is entitled to

25

relief if her allegations are true. The amended complaint should contain separately numbered,

26

clearly identified claims. While plaintiff is certainly free to attach relevant documents to her

27

complaint, she cannot rely upon that documentation to supply the bulk of her legal and factual

28

allegations without any explanation whatsoever.
3

1

In addition, the allegations of the amended complaint must be set forth in sequentially

2

numbered paragraphs, with each paragraph number being one greater than the one before, each

3

paragraph having its own number, and no paragraph number being repeated anywhere in the

4

complaint. Each paragraph should be limited “to a single set of circumstances” where possible.

5

Fed. R. Civ. P. 10(b). Plaintiff must avoid excessive repetition of the same allegations. Plaintiff

6

must avoid narrative and storytelling. That is, the complaint should not include every detail of

7

what happened, nor recount the details of conversations (unless necessary to establish the claim),

8

nor give a running account of plaintiff’s hopes and thoughts. Rather, the amended complaint

9

should contain only those facts needed to show how the defendant legally wronged the plaintiff.

10

Local Rule 220 requires that an amended complaint be complete in itself without

11

reference to any prior pleading. This is because, as a general rule, an amended complaint

12

supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once

13

plaintiff files an amended complaint, the original pleading no longer serves any function in the

14

case. Therefore, in an amended complaint, as in an original complaint, each claim and the

15

involvement of each defendant must be sufficiently alleged.

16

III. CONCLUSION

17

In accordance with the foregoing, THE COURT HEREBY ORDERS that:

18

1. Plaintiff’s application to proceed in forma pauperis, ECF No. 2, is GRANTED;

19

2. Plaintiff’s complaint, ECF No. 1, is DISMISSED; and

20

3. Plaintiff is granted thirty days from the date of service of this order to file an amended

21

complaint that complies with the requirements of the Federal Rules of Civil Procedure, and the

22

Local Rules of Practice; the amended complaint must bear the docket number assigned this case

23

and must be labeled “First Amended Complaint”; plaintiff must file an original and two copies of

24

the amended complaint; failure to file an amended complaint in accordance with this order will

25

result in a recommendation that this action be dismissed.

26

////

27

////

28

////
4

1

4. The Clerk of the Court is directed to send plaintiff a copy of Pro Se Form No. 7,

2

Complaint for Employment Discrimination, available at http://www.uscourts.gov/forms/pro-se-

3

forms/complaint-employment-discrimination. Plaintiff may, but is not required to, use the form

4

to organize her amended complaint in the proper way.

5

DATED: January 7, 2016

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5