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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRANDON T. WILLIAMS,
Plaintiff,

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v.

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HECTOR PEREZ, et al.,
Defendants.

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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,

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United States District Court
Northern District of California

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both filed in this Court on July 22, 2016. The Court may authorize a plaintiff to file an action in

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federal court without prepayment of fees or security if the plaintiff submits an affidavit showing

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that he or she is unable to pay such fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff’s

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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

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

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or 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).
Plaintiff’s complaint, however, is deficient and must be amended for the reasons set forth

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below:
1.

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It is impossible to discern the essential details of the events that triggered plaintiff's

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lawsuit, or the legal theories under which she seeks relief. Plaintiff has failed to set forth “a short

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

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8 of the Federal Rules of Civil Procedure.
2.

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Plaintiff must clearly identify the causes of action she is alleging, which

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defendant(s) each cause of action is against, and the facts supporting each cause of action.

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3.

Each allegation in the complaint must be contained in numbered paragraphs. Fed.

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R. Civ. P. 10(b). “A party must state its claims or defenses in numbered paragraphs, each limited

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as far as practicable to a single set of circumstances.” Id.

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Plaintiff must clearly allege that she timely exhausted her administrative remedies

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for all causes of action against the Richmond Housing Authority, which requires that she filed an

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administrative claim within 6 months of the alleged incident.

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

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dismisses plaintiff's complaint with leave to amend. Plaintiff shall file an amended complaint no

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later than November 18, 2016 or the case may be dismissed with prejudice.

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In amending her complaint, Plaintiff may wish to contact the Federal Pro Bono Project’s

United States District Court
Northern District of California

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Help Desk for assistance—a free service for pro se litigants—by calling [phone]. Plaintiff

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may also wish to consult a manual the court has adopted to assist pro se litigants in presenting

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their case. This manual, and other free information for pro se litigants, is available online at:

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

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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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Additionally, the Case Management Conference scheduled for October 25, 2016 is

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continued to January 24, 2017 at 1:30 p.m. in Courtroom 4, 1301 Clay Street, Oakland,

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California. The case management conference statement is due January 17, 2017.

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IT IS SO ORDERED.
Dated: October 17, 2016
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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