Major v. City and County of San Francisco

Filing 17

ORDER DISMISSING 11 AMENDED COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Kandis A. Westmore on 11/06/15. (kawlc2S, COURT STAFF) (Filed on 11/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARK E. MAJOR,

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Case No. 15-cv-03426-KAW

Plaintiff,
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v.
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CITY AND COUNTY OF SAN
FRANCISCO, et al.,

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Re: Dkt. No. 11

Defendants.

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United States District Court
Northern District of California

ORDER DISMISSING AMENDED
COMPLAINT WITH LEAVE TO
AMEND

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Plaintiff Mark E. Major, acting pro se, commenced this case on July 24, 2015.1 (Compl.,

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Dkt. No. 1.) On August 6, 2015, the Court dismissed his complaint with leave to amend because it

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did not provide "a short and plain statement of the claim showing that the pleader is entitled to

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relief." (Aug. 5, 2015 Order, Dkt. No. 5 (quoting Fed. R. Civ. P. 8(a)(2).) The original complaint

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was over 155 pages long and included an additional 50 pages of exhibits. (See id. at 2.)

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Plaintiff has now filed an amended complaint that resembles the original. (Am. Compl.,

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Dkt. No. 11.) It is over 130 pages long and includes over 50 pages of exhibits. (See id.) As the

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Court explained in its previous order, the complaint does not "provide a short and plain statement

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of the claim showing that the pleader is entitled to relief." See Fed. R. Civ. P. 8(a)(2); see also

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Prezzi v. Berzak, 57 F.R.D. 149, 150 (S.D.N.Y. 1972) (dismissing 53-page complaint because it

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"conform[ed] neither with the form nor the spirit of Rule 8").
Accordingly, Plaintiff's amended complaint is DISMISSED WITH LEAVE TO AMEND.

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Plaintiff shall file a second amended complaint within 30 days of this order. Plaintiff is once

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again encouraged to contact the Federal Pro Bono Project's Help Desk—a free service for pro se

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On August 13, 2015, Plaintiff consented to magistrate judge jurisdiction pursuant to 28 U.S.C.
§ 636(c). Pl.'s Consent, Dkt. No. 7.

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litigants—by calling [phone]. The Court has also adopted a manual for use by pro se

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litigants, which may be helpful to Plaintiff. This manual, and other free information is available

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online at: http://cand.uscourts.gov/proselitigants.

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IT IS SO ORDERED.
Dated: 11/06/2015
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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