Klucka v. Almase
Filing
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ORDER Denying Plaintiff's 2 Motion to File Extended Complaint.Plaintiff's 3 Motion to Appoint Someone to Serve Documents is Denied as premature.The Clerk of the Court is instructed to mail Plaintiff a copy of the Information and I nstructions for Filing Civil Rights Complaint referenced herein along with a blank civil rights complaint form.Plaintiff shall have until 10/21/15, to submit the fully completed IFP application as previously ordered.Plaintiff shall have until 1 0/21/15, to submit a complaint that complies with Rule 8 on the courts standard civil rights form.Failure to timely comply with this order may result in a recommendation to the district judge that this case be dismissed.Signed by Magistrate Judge Peggy A. Leen on 9/21/15. (Copies have been distributed pursuant to the NEF - PS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DAVID KLUCKA,
Case No. 2:15-cv-01658-RFB-PAL
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Plaintiff,
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ORDER
v.
(Mot. File Ext. Compl. – Dkt. #2)
(Mot. Appoint – Dkt. #3)
CAESAR ALMASE, et al.,
Defendants.
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This matter is before the Court on Plaintiff David Klucka’s Motion to File Extended
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Complaint (Dkt. #2) and Motion to Appoint Someone to Serve Documents (Dkt. #3) filed
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August 27, 2015.
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§ 636(a) and LR IB 1-3 and 1-9 of the Local Rules of Practice.
These motions were referred to the undersigned pursuant to 28 U.S.C.
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Plaintiff is a prisoner proceeding in this action pro se. See LSR 2-1. Plaintiff has
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requested authority to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915 and LSR
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1-1 and submitted a complaint.
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However, the Court denied Plaintiff’s request without prejudice because his IFP Application was
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incomplete. See Order (Dkt. #4). The Court therefore instructed Plaintiff to submit a new IFP
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application on or before October 21, 2015.
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I.
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See IFP Application (Dkt. #1); Complaint (Dkt. #1-1).
MOTION TO FILE EXTENDED COMPLAINT (DKT. #2)
Plaintiff has filed two motions related to his complaint.
First, the Motion to File
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Extended Complaint (Dkt. #2) asks the Court for leave to submit a “longer than normal”
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complaint. LSR 2-1 states that a “civil rights complaint filed by a person who is not represented
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by counsel shall be on the form provided by this Court.” Id. (emphasis added). Plaintiff asserts
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that the Court’s form complaint does not have enough space to provide his information. The
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Court’s analysis of this request is guided by Rule 8 of the Federal Rules of Civil Procedure.
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Rule 8 requires that a complaint contain “a short and plain statement of the claim”
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showing that the plaintiff is entitled to relief. Fed. R. Civ. P. 8(a)(2). The complaint must set
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forth who is being sued, what relief is requested, on what grounds, and with enough detail to
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guide discovery. See, e.g., McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1995); see also
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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (noting that Rule 8 requires “more than labels and
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conclusions” or a “formulaic recitation of the elements of a cause of action” but it does not
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require detailed factual allegations) (citation omitted).
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summarize enough specific facts so that the complaint gives defendants “fair notice” of the basis
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for plaintiff’s claim. Starr v. Baca, 652 F.3d 1202 (9th Cir. 2011) (holding that a complaint
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“must contain sufficient allegations of underlying facts to give fair notice and to enable the
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opposing party to defend itself effectively”).
Stated differently, a plaintiff must
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A complaint that is needlessly long or very repetitive violates Rule 8. Cafasso v. Gen’l
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Dynamics C4 Sys., Inc., 637 F.3d 1047, 1059 (9th Cir. 2011); see also Nw. Nat'l Ins. Co. v.
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Baltes, 15 F.3d 660, 662 (7th Cir. 1994) (“It is not the Court’s job to laboriously search the
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Complaint for factual assertions that could, in theory, be used to support one legal claim or
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another.”); Jennings v. Entry, 910 F.2d 1434, 1436 (7th Cir. 1990) (stating that a complaint must
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be presented with clarity sufficient to avoid requiring a district court or opposing party to sift
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through its pages in search of plaintiff’s claim); Sparling v. Hoffman Constr. Co., 864 F.2d 635,
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640 (9th Cir. 1988) (“If the factual elements of a cause of action are scattered throughout the
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complaint but are not organized into a ‘short and plain statement of the claim,’ dismissal for
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failure to satisfy Rule 8(a) is proper.”).
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Here, Plaintiff’s Motion to File Extended Complaint (Dkt. #2) is essentially asking for an
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exemption from LSR 2-1’s requirement that all pro se litigants file their civil rights complaint on
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the Court’s approved form. Although Plaintiff states that there is not enough space on the
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Court’s form to provide his information, the nine-page form complaint provides ample space for
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plaintiffs to plead violations of their civil rights. In addition, if Plaintiff requires extra space, the
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instructions for the civil rights complaint form state that he is allowed to attach up to two (2)
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additional pages. See INFORMATION & INSTRUCTIONS
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FOR
FILING CIVIL RIGHTS COMPLAINT
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PURSUANT TO 42 U.S.C. § 1983 IN THE UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA at
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6.1 Eleven pages provide more than enough space to state claims under Rule 8(a).
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Plaintiff’s proposed complaint does not comply with Rule 8. The complaint consists of
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143 pages of allegations and exhibits, including transcripts of state court proceedings and
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motions filed therein, selected statutes, and police reports. Ordinarily, exhibits should not be
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submitted as part of a complaint. Id. at 2. Instead, the information Plaintiff believes to be
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relevant should be summarized as part of the supporting facts for the applicable count. Plaintiff
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may use his exhibits at a later time to support or oppose a motion to dismiss or a motion for
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summary judgment. Because the complaint is excessively long and needlessly repetitive and
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includes unnecessary exhibits, Plaintiff’s Motion to File an Extended Complaint is denied.
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II.
MOTION TO APPOINT SOMEONE TO SERVE DOCUMENTS (DKT. #3)
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In general, when a district court grants a prisoner IFP status, federal law states that “the
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prisoner shall be required to pay the full amount of the filing fee.” 28 U.S.C. § 1915(b)(1). The
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district court will therefore issue an order stating an amount the prisoner will need to pay as an
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initial partial filing fee based on a formula provided in the statute. Id. A prisoner’s initial partial
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filing fee is the greater of twenty percent (20%) of the average monthly deposits or twenty
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percent (20%) of the average monthly balance of his or her inmate account for the six months
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immediately preceding the start of the action. See id. After the initial partial filing fee is paid,
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the facility having custody of the prisoner will forward payments from the prisoner’s account to
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the court each month. See 28 U.S.C. § 1915(b)(2). Plaintiff is advised that even if this action is
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dismissed, he must still pay the full filing fee pursuant to § 1915(b) and the monthly payments
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from Plaintiff’s inmate account will continue until the balance is paid. A prisoner’s failure to
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pay the initial partial filing fee before the deadline stated in the court’s order, which typically
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allow 30 days, “shall be cause for cause for dismissal of the case.” LSR 1-3(c).
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The Court will not order service of process on any defendants until two things happen:
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(1) the prisoner pays his or her initial partial filing fee, and (2) the Court screens the complaint
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The Court will direct the Clerk of the Court to mail Plaintiff the referenced instructions, which are also
available on the Court’s website at http://www.nvd.uscourts.gov/Files/1983-instructions.pdf (last visited
Aug. 27, 2015), along with a blank civil rights complaint form.
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and determines that it states valid claims. Cf. LSR 1-3(c) (requiring that a prisoner’s initial
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partial filing fee be paid “before the Court will order service of process”) (emphasis added).
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Once a prisoner pays the initial partial filing fee, federal law requires the district court to screen
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the prisoner’s complaint. See 28 U.S.C. §§ 1915(e)(2), 1915A(a); Lopez v. Smith, 203 F.3d
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1122, 1129 (9th Cir. 2000) (en banc) (noting that § 1915(e)’s screening requirement “applies to
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all in forma pauperis complaints”). If a prisoner’s complaint states a valid claim, the Court will
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direct the Clerk of the Court to issue summons to the defendants and instruct the United States
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Marshal Service to serve the summons and complaint. Cf. Fed. R. Civ. P. 4(c)(3); LSR 1-3(c).
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Plaintiff’s Motion to Appoint Someone to Serve Documents (Dkt. #3) asks the Court to
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appoint a person or persons to make copies, serve summons, complaints, motions, subpoenas, as
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well as any and all documents on defendants. This Motion is premature. The Court will direct
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service after Plaintiff submits his initial partial filing fee and the Court screens the complaint,
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provided the complaint states valid claims upon which relief may be granted. However, even if
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the Court grants Plaintiff IFP status, that does not waive his “responsibility to pay the expenses
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of litigation which are not covered by 28 U.S.C. § 1915.” LR 1-8. IFP status does not extend to
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issuing or serving of subpoenas, making copies, serving documents at the government’s expense.
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Plaintiff is solely responsible for the other litigation expenses and tasks he identifies. Therefore,
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Plaintiff’s motion is denied.
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Accordingly,
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IT IS ORDERED:
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1. Plaintiff’s Motion to File Extended Complaint (Dkt. #2) is DENIED.
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2. Plaintiff’s Motion to Appoint Someone to Serve Documents (Dkt. #3) is DENIED as
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premature.
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3. The Clerk of the Court is instructed to mail Plaintiff a copy of the Information and
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Instructions for Filing Civil Rights Complaint referenced herein along with a blank
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civil rights complaint form.
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4. Plaintiff shall have until October 21, 2015 to submit the fully completed IFP
application as previously ordered.
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5. Plaintiff shall have until October 21, 2015 to submit a complaint that complies with
Rule 8 on the court’s standard civil rights form.
6. Failure to timely comply with this order may result in a recommendation to the
district judge that this case be dismissed.
Dated this 21st day of September, 2015.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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