Williams v. Perez et al

Filing 7

ORDER dismissing Plaintiff's 1 Complaint filed with leave to amend. Amended Pleadings due by 11/18/2016. Initial Case Management Conference is continued to 1/24/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Case Management Statement due by 1/17/2017. Signed by Judge Kandis A. Westmore on 10/17/2016. (kawlc1, COURT STAFF) (Filed on 10/17/2016) (Additional attachment(s) added on 10/17/2016: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 BRANDON T. WILLIAMS, Plaintiff, 6 v. 7 8 HECTOR PEREZ, et al., Defendants. 9 Case No.4:16-cv-04143-KAW ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND; ORDER CONTINUING CASE MANAGEMENT CONFERENCE Re: Dkt. No. 1 The Court has received plaintiff's complaint and application to proceed in forma pauperis, 10 United States District Court Northern District of California 11 both filed in this Court on July 22, 2016. The Court may authorize a plaintiff to file an action in 12 federal court without prepayment of fees or security if the plaintiff submits an affidavit showing 13 that he or she is unable to pay such fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff’s 14 IFP application was granted in a separate order. The in forma pauperis statute also provides that the Court shall dismiss the case if at any 15 16 time the Court determines that the allegation of poverty is untrue, or that the action (1) is frivolous 17 or malicious, (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief 18 against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). Plaintiff’s complaint, however, is deficient and must be amended for the reasons set forth 19 20 below: 1. 21 It is impossible to discern the essential details of the events that triggered plaintiff's 22 lawsuit, or the legal theories under which she seeks relief. Plaintiff has failed to set forth “a short 23 and plain statement of the claim showing that the pleader is entitled to relief” as required by Rule 24 8 of the Federal Rules of Civil Procedure. 2. 25 Plaintiff must clearly identify the causes of action she is alleging, which 26 defendant(s) each cause of action is against, and the facts supporting each cause of action. 27 /// 28 /// 1 3. Each allegation in the complaint must be contained in numbered paragraphs. Fed. 2 R. Civ. P. 10(b). “A party must state its claims or defenses in numbered paragraphs, each limited 3 as far as practicable to a single set of circumstances.” Id. 4 4. Plaintiff must clearly allege that she timely exhausted her administrative remedies 5 for all causes of action against the Richmond Housing Authority, which requires that she filed an 6 administrative claim within 6 months of the alleged incident. 7 Accordingly, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court hereby 8 dismisses plaintiff's complaint with leave to amend. Plaintiff shall file an amended complaint no 9 later than November 18, 2016 or the case may be dismissed with prejudice. 10 In amending her complaint, Plaintiff may wish to contact the Federal Pro Bono Project’s United States District Court Northern District of California 11 Help Desk for assistance—a free service for pro se litigants—by calling (415) 782-8982. Plaintiff 12 may also wish to consult a manual the court has adopted to assist pro se litigants in presenting 13 their case. This manual, and other free information for pro se litigants, is available online at: 14 http://cand.uscourts.gov/proselitigants. 15 Plaintiff should be aware that an amended complaint will supersede or replace the original 16 complaint, and the original complaint will thereafter be treated as nonexistent. Armstrong v. Davis, 17 275 F.3d 849, 878 n. 40 (9th Cir. 2001), abrogated on other grounds by Johnson v. Cal., 543 U.S. 18 499 (2005). The first amended complaint must, therefore, be complete, in itself, without reference 19 to the prior or superseded pleading, as “[a]ll causes of action alleged in an original complaint 20 which are not alleged in an amended complaint are waived.” King v. Atiyeh, 814 F.2d 565, 567 21 (9th Cir. 1987) (citations omitted). 22 Additionally, the Case Management Conference scheduled for October 25, 2016 is 23 continued to January 24, 2017 at 1:30 p.m. in Courtroom 4, 1301 Clay Street, Oakland, 24 California. The case management conference statement is due January 17, 2017. 25 26 27 28 IT IS SO ORDERED. Dated: October 17, 2016 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge 2

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