Randolph v. Gillespie et al

Filing 7

ORDER Granting 1 Application for Leave to Proceed in forma pauperis. The Complaint, as amended is Dismissed without prejudice. Amended Complaint due within 30 days. Signed by Judge Andrew P. Gordon on 5/24/2013. (Copies have been distributed pursuant to the NEF; CC: Plaintiff with Required copies and forms - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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WILLIAM RANDOLPH,
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Plaintiff,

2:13-cv-00320-APG-PAL

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vs.

ORDER
ORDER

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SHERIFF GILLESPIE, et al.
Defendants.

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This pro se civil rights action comes before the Court on plaintiff’s application (#1) to
proceed in forma pauperis and for initial review of the complaint, as amended.

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The Court will grant the pauper application out of an abundance of caution. The Court

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is not fully sanguine that the assertions in the CJA23 financial affidavit necessarily are any

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less fanciful than some of the other assertions in the papers filed with the affidavit. However,

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on the face of the financial assertions made, the Court will grant the application.

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Plaintiff has filed an amended complaint (#6), which he may do once as a matter of

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course under Rule 15(a) of the Federal Rules of Civil Procedure in this procedural context.

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Under Local Rule LR 15-1(a), an amended complaint must be complete in itself, such that the

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amended complaint completely supercedes the prior pleading. Claims and defendants that

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are not included in the amended pleading no longer are before the Court.

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The amended complaint does not state a claim upon which relief may be granted. The

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amended complaint only lists defendants in the caption and makes conclusory, incoherent

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allegations in the nature of the case section of the complaint form. The amended complaint

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does not further identify the defendants within the pleading, contains no allegations

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whatsoever in the counts of the amended complaint, and makes no request for relief.

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Moreover, the defendants listed in the caption include defendants that: (a) do not constitute

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juridical persons subject to being sued (i.e., “Channel 3 News” and “Public Attorneys”); or (b)

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are immune from suit in federal court under the Eleventh Amendment (i.e., the “Justice

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Court”).1

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The complaint, as amended, therefore will be dismissed without prejudice, subject to

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an opportunity to file an amended complaint correcting the deficiencies identified herein, to

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the extent possible.

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IT THEREFORE IS ORDERED that plaintiff’s application (#1) to proceed in forma

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pauperis is GRANTED and plaintiff is permitted to maintain this action to conclusion without

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the necessity of prepayment of any additional fees or costs or the giving of security therefor.

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This order granting forma pauperis status shall not extend to the issuance of subpoenas at

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government expense.

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IT FURTHER IS ORDERED that the complaint, as amended, is DISMISSED without

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prejudice for failure to state a claim upon which relief may be granted, subject to leave to

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amend within thirty (30) days of entry of this order to correct the deficiencies in the complaint,

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as amended, if possible.

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IT FURTHER IS ORDERED that, on any such amended complaint filed, plaintiff shall

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clearly title the amended complaint as an amended complaint by placing the word

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"AMENDED" immediately above "Civil Rights Complaint" on page 1 in the caption and shall

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place the docket number, 2:13-cv-00320-APG-PAL, above the word "AMENDED" in the

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space for "Case No." Under Local Rule LR 15-1(a), any amended complaint filed must be

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A justice court is part of the state judicial branch rather than a local or municipal court. See
generally Heckman v. Dodd, No. 2:11-cv-00480-RLH-LRL, #6, at 5 (D. Nev. May 2, 2011). As a part of the
judicial arm of the State, a state court may not be sued in federal court because of the state sovereign
immunity recognized by the Eleventh Amendment. State sovereign immunity bars suit in federal court against
a State or an arm of the State regardless of the relief sought. See,e.g., Pennhurst State School & Hospital v.
Halderman, 465 U.S. 89, 100-01 (1984).

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complete in itself without reference to prior filings. Thus, any allegations, parties, or requests

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for relief from prior papers that are not carried forward in the amended complaint no longer

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will be before the Court.

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If an amended complaint is filed in response to this order, the Court will screen the
amended pleading before ordering any further action in this case.

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If plaintiff does not timely file an amended complaint, a final judgment dismissing this

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action will be entered without further advance notice. If the amended complaint does not

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correct the deficiencies identified in this order and otherwise does not state a claim upon

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which relief may be granted, a final judgment dismissing this action will be entered.

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The Clerk shall send plaintiff a copy of both the original and amended complaints that

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he submitted together with two copies of a § 1983 complaint form and one copy of the

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instructions for the form.

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DATED:

May 24, 2013.

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________________________________
ANDREW P. GORDON
United States District Judge

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