Moore v. Centennial Park, et al.

Filing 2

ORDER. IT IS THEREFORE ORDERED that 1 Plaintiff's Application for Leave to Proceed In Forma Pauperis is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court must file Plaintiffs complaint 1 -1. IT IS FURTHER ORDERED that the Complai nt 1 -1 is DISMISSED without prejudice for failure to state a claim upon which relief can be granted, with leave to amend. If Plaintiff chooses to file an amended complaint, Plaintiff must file the amended complaint by 6/16/17. Signed by Magistrate Judge Carl W. Hoffman on 5/17/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LOIS MOORE,

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Plaintiff,
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vs.
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CENTENNIAL PARK, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-00113-APG-CWH
SCREENING ORDER

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Presently before the court is pro se Plaintiff Lois Moore’s application to proceed in forma

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pauperis (ECF No. 1), filed on January 20, 2016. Also before the court is Plaintiff’s complaint

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(ECF No. 1-2), filed on the same date.

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I.

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IN FORMA PAUPERIS APPLICATION
Plaintiff has submitted the declaration required by 28 U.S.C. § 1915(a) showing an inability

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to prepay fees and costs or give security for them. Accordingly, Plaintiff’s request to proceed in

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forma pauperis will be granted.

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II.

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SCREENING COMPLAINT
Upon granting a request to proceed in forma pauperis, a court must screen the complaint

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under 28 U.S.C. § 1915(e)(2). In screening the complaint, a court must identify cognizable claims

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and dismiss claims that are frivolous, malicious, file to state a claim on which relief may be

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granted, or seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.

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§ 1915(e)(2). Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for

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failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter, 668 F.3d

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1108, 1112 (9th Cir. 2012). To survive § 1915 review, a complaint must “contain sufficient factual

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matter, accepted as true, to state a claim to relief that is plausible on its face.” See Ashcroft v.

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Iqbal, 556 U.S. 662, 678 (2009). The court liberally construes pro se complaints and may only

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dismiss them “if it appears beyond doubt that the plaintiff can prove no set of facts in support of his

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claim which would entitle him to relief.” Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir. 2014)

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(quoting Iqbal, 556 U.S. at 678).

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In considering whether the complaint is sufficient to state a claim, all allegations of material

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fact are taken as true and construed in the light most favorable to the plaintiff. Wyler Summit

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P’ship v. Turner Broad. Sys. Inc., 135 F.3d 658, 661 (9th Cir. 1998) (citation omitted). Although

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the standard under Rule 12(b)(6) does not require detailed factual allegations, a plaintiff must

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provide more than mere labels and conclusions. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555

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(2007). A formulaic recitation of the elements of a cause of action is insufficient. Id. Unless it is

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clear the complaint’s deficiencies could not be cured through amendment, a pro se plaintiff should

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be given leave to amend the complaint with notice regarding the complaint’s deficiencies. Cato v.

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United States, 70 F.3d 1103, 1106 (9th Cir. 1995).

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Here, Plaintiff submitted to the court a one-page complaint that names “Centennial Park

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(Kery Thompson)” as the defendants. (ECF No. 1-1.) The complaint alleges “Plaintiff Lois Moore

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is seeking damages due to illegal eviction and lock out” and demands damages of $10,000. (Id.)

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Plaintiff does not include any other factual allegations, such as the address of the residence from

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which she was evicted, the date of the eviction, or the general circumstances surrounding the

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eviction. Nor does she allege facts explaining Centennial Park and Kery Thompson’s role in the

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eviction or the reasons she is seeking relief from them. Additionally, Plaintiff does not include any

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statement of the grounds for the court’s jurisdiction in this case. Without additional factual

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allegations regarding the underlying dispute and Centennial Park and Kery Thompson’s role in the

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case, the court cannot evaluate whether Plaintiff’s complaint states a claim against these parties.

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The court therefore will dismiss Plaintiff’s complaint without prejudice for the Plaintiff to file an

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amended complaint.

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If Plaintiff chooses to file an amended complaint, the document must be titled “Amended

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Complaint.” The amended complaint must contain a short and plain statement describing the

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underlying case, the defendants’ involvement in the case, and the approximate dates of their

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involvement. See Fed. R. Civ. P. 8(a)(2). Although the Federal Rules of Civil Procedure adopt a
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flexible pleading standard, Plaintiff still must give the defendants fair notice of the Plaintiff’s

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claims against it and Plaintiff’s entitlement to relief.

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The amended complaint also must contain a short and plain statement of the grounds for the

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court’s jurisdiction. See Fed. R. Civ. P. 8(a)(1). Regarding jurisdiction, Plaintiff is advised that

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“[f]ederal district courts are courts of limited jurisdiction, possessing only that power authorized by

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Constitution and statute.” K2 Am. Corp. v. Roland Oil & Gas, LLC, 653 F.3d 1024, 1027 (9th Cir.

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2011) (quotation omitted). Federal district courts “have original jurisdiction of all civil actions

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arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Federal

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district courts have original jurisdiction over civil actions in diversity cases “where the matter in

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controversy exceeds the sum or value of $75,000” and where the matter is between “citizens of

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different States.” 28 U.S.C. § 1332(a). “Section 1332 requires complete diversity of citizenship;

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each of the plaintiffs must be a citizen of a different state than each of the defendants.” Morris v.

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Princess Cruises, Inc., 236 F.3d 1061, 1067 (9th Cir. 2001).

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Additionally, Plaintiff is advised that if she files an amended complaint, the original

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complaint (ECF No. 1-1) no longer serves any function in this case. As such, the amended

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complaint must be complete in and of itself without reference to prior pleadings or other

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documents. The court cannot refer to a prior pleading or other documents to make Plaintiff’s

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amended complaint complete.

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IT IS THEREFORE ORDERED that Plaintiff’s Application for Leave to Proceed In Forma

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Pauperis (ECF No. 1) is GRANTED. Plaintiff will not be required to pay the filing fee in this

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action. Plaintiff is permitted to maintain this action to conclusion without the necessity of

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prepayment of any additional fees or costs or the giving of a security for fees or costs. This order

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granting leave to proceed in forma pauperis does not extend to the issuance of subpoenas at

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government expense.

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IT IS FURTHER ORDERED that the Clerk of the Court must file Plaintiff’s complaint
(ECF No. 1-1).
IT IS FURTHER ORDERED that the Complaint (ECF No. 1-1) is DISMISSED without
prejudice for failure to state a claim upon which relief can be granted, with leave to amend. If
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Plaintiff chooses to file an amended complaint, Plaintiff must file the amended complaint by June

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16, 2017. Failure to comply with this order will result in a recommendation that this action be

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dismissed without prejudice.

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DATED: May 17, 2017

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________________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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