Hurt v. Clinton et al

Filing 5

ORDER Granting 4 Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk of Court shall file the Complaint. IT IS FURTHER ORDERED that the Complaint is DISMISSED for failure to comply with LR IA 10-1(a)(2), with leave to amend. Plaintiff will have until 4/3/17, to file an Amended Complaint, if he believes he can correct the noted deficiencies. Signed by Magistrate Judge Nancy J. Koppe on 3/2/17. (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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TYRONE HURT,

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Plaintiff(s),
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vs.
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HILLARY R. CLINTON, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-00315-JAD-NJK

ORDER

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Plaintiff is proceeding in this action pro se and requested authority pursuant to 28 U.S.C.

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§ 1915 to proceed in forma pauperis. Docket No. 1. On January 30, 2017, the Court denied

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Plaintiff’s application without prejudice. Docket No. 3. Plaintiff has now submitted the affidavit

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required by § 1915(a) showing an inability to prepay fees and costs or give security for them. Docket

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No. 4. Accordingly, the request to proceed in forma pauperis, Docket No. 4, is hereby GRANTED

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pursuant to 28 U.S.C. § 1915(a).

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Plaintiff has also submitted a hand-written complaint, which is not sufficiently legible to

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enable the Court or any opposing party to fully understand it. Docket No. 1-1; see also Local Rule

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IA 10-1(a)(2) (“Handwriting must be legible”). The Court therefore dismisses Plaintiff’s complaint

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with leave to amend. Plaintiff is permitted to refile the complaint, but it must either be typewritten

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or handwritten legibly.

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Accordingly,

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IT IS ORDERED that:

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1.

Plaintiff’s request to proceed in forma pauperis is GRANTED. Plaintiff shall not be

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required to pay the filing fee of four hundred dollars ($400.00).
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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 therefor. This

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Order granting leave to proceed in forma pauperis shall not extend to the issuance

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of subpoenas at government expense.

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3.

The Clerk of Court shall file the Complaint.

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4.

The Complaint is DISMISSED for failure to comply with LR IA 10-1(a)(2), with

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leave to amend. Plaintiff will have until April 3, 2017, to file an Amended

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Complaint, if he believes he can correct the noted deficiencies. If Plaintiff chooses

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to amend the complaint, he is informed that the Court cannot refer to a prior pleading

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(i.e., the original Complaint) in order to make the Amended Complaint complete.

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See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Local Rule 15-1 requires that an

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Amended Complaint be complete in itself without reference to any prior pleading.

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Once a plaintiff files an Amended Complaint, the original Complaint no longer

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serves any function in the case. Therefore, in an Amended Complaint, as in an

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original Complaint, each claim and the involvement of each defendant must be

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sufficiently alleged.

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recommended dismissal of this case, without prejudice.

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Failure to comply with this Order will result in the

Dated: March 2, 2017

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___________________________________
NANCY J. KOPPE
United States Magistrate Judge

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