Maye et al v. County of Sonoma et al

Filing 4

ORDER Dismissing 1 Complaint with leave to amend and Denying 2 MOTION for Leave to Proceed in forma pauperis without prejudice. Plaintiff's first amended complaint must be filed by 9/26/2014. She must also either file an amended IFP application or pay the filing fee. Signed by Judge Kandis A. Westmore on 8/14/2014. (kawlc1, COURT STAFF) (Filed on 8/14/2014) (Additional attachment(s) added on 8/14/2014: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYNDA MAYE, et al.,
Plaintiffs,
v.
COUNTY OF SONOMA, et al.,
Defendants.

Case No. 14-cv-02841-KAW
ORDER DISMISSING PLAINTIFF'S
COMPLAINT WITH LEAVE TO AMEND
AND DENYING IN FORMA PAUPERIS
APPLICATION WITHOUT PREJUDICE

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United States District Court
Northern District of California

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The Court has received Plaintiff Lynda Maye’s complaint and application to proceed in

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forma pauperis (IFP), both filed in this Court on June 19, 2014. The Court may authorize a

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plaintiff to file an action in federal court without prepayment of fees or security if the plaintiff

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submits an affidavit showing that he or she is unable to pay such fees or give security therefor. 28

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U.S.C. § 1915(a). The IFP statute also provides that the Court shall dismiss the case if at any time

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the Court determines that the allegation of poverty is untrue, or that the action (1) is frivolous or

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malicious, (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief

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against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

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Plaintiff’s IFP application, however, is incomplete as filed, as she has not fully answered

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question numbers 1, 3, 4, 7, 8, and 9. For example, Plaintiff must provide information regarding

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her assets, monthly expenses, and her debts. Plaintiff may resubmit an amended IFP application

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that is completed in full by September 26, 2014 or pay the filing fee.

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Additionally, it is impossible to discern from Plaintiff's complaint which essential details

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of the events pertain to which legal theories under which she seeks relief, including the identities

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of the individuals allegedly involved, with the exception of Angela Tejada. The caption of the

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complaint lists ten causes of action, but only two claims are included in the body of the complaint.

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Further, most of the individuals named as defendants are not identified in the complaint. If

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Plaintiff wishes to sue each person listed as a defendant individually, she must identify them in the

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“Parties” section of her complaint. Lastly, Plaintiff has failed to set forth “a short and plain

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statement of the claim showing that the pleader is entitled to relief” as required by Rule 8 of the

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Federal Rules of Civil Procedure. Plaintiff must clearly identify the facts that pertain to each

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cause of action. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The recitation of the legal elements

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of a cause of action, alone, is insufficient. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).
In amending her complaint, Plaintiff may wish to consult an attorney. Should she be

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unable to obtain counsel, she may wish to consult a manual the court has adopted to assist pro se
litigants in presenting their case. This manual, and other free information for pro se litigants, is

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United States District Court
Northern District of California

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available online at: http://cand.uscourts.gov/proselitigants. Plaintiff may also wish to contact the

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Federal Pro Bono Project's Help Desk—a free service for pro se litigants—by calling (415) 782-

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8982.

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Plaintiff should be aware that an amended complaint will supersede or replace the original

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complaint, and the original complaint will thereafter be treated as nonexistent. Armstrong v. Davis,

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275 F.3d 849, 878 n.40 (9th Cir. 2001), abrogated on other grounds by Johnson v. Cal., 543 U.S.

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499 (2005). The first amended complaint must, therefore, be complete, in itself, without reference

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to the prior or superseded pleading, as “[a]ll causes of action alleged in an original complaint

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which are not alleged in an amended complaint are waived.” King v. Atiyeh, 814 F.2d 565, 567

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(9th Cir. 1987) (citations omitted).

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Accordingly, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court dismisses

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Plaintiff's complaint with leave to amend. Plaintiff shall file the first amended complaint no later

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than September 26, 2014 or the case may be dismissed. Also by September 26, 2014, Plaintiff

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must file an amended IFP application or pay the filing fee.

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IT IS SO ORDERED.
Dated: August 14, 2014
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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