Hurt v. Clinton et al

Filing 8

ORDER. IT IS ORDERED that 7 the Amended Complaint is DISMISSED for failure to comply with LR IA 10-1(a)(2), with leave to amend. Plaintiff will have until 4/17/2017, to file a Second Amended Complaint, if he believes he can correct the noted deficiencies. Signed by Magistrate Judge Nancy J. Koppe on 3/17/17. (Copies have been distributed pursuant to the NEF - MR)

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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. On February 21, 2017, Plaintiff submitted

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the affidavit required by § 1915(a) showing an inability to prepay fees and costs or give security for

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them. Docket No. 4. On March 2, 2017, therefore, the Court granted his request to proceed in forma

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pauperis. Docket No. 5. The Court also screened Plaintiff’s complaint, which it dismissed with

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leave to amend because it was “not sufficiently legible to enable the Court or any opposing party to

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fully understand it.” Id. at 1. The Court advised Plaintiff that if he wished to refile the complaint,

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“it must either be typewritten or handwritten legibly.” Id. The Court expressly warned Plaintiff that

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failure to comply with its order would result in the recommended dismissal of this case without

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prejudice. Id. at 2.

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Plaintiff has now submitted another handwritten complaint. Docket No. 7. In violation of

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the Court’s clear order, the amended complaint is also illegible and, therefore, the Court is unable

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to screen it. Id. The Court gives Plaintiff one final opportunity to comply with its order. Plaintiff

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is permitted to file a second amended complaint, which must be either typewritten or handwritten

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legibly.

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Accordingly,

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IT IS ORDERED that:

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The Amended Complaint is DISMISSED for failure to comply with LR IA 10-

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1(a)(2), with leave to amend. Plaintiff will have until April 17, 2017, to file a

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Second Amended Complaint, if he believes he can correct the noted deficiencies. If

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Plaintiff chooses to filed a Second Amended Complaint, he is informed that the

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Court cannot refer to a prior pleading (i.e., the Amended Complaint) in order to make

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the Second Amended Complaint complete. See Loux v. Rhay, 375 F.2d 55, 57 (9th

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Cir. 1967). Local Rule 15-1 requires that a Second Amended Complaint be complete

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in itself without reference to any prior pleading. Once a plaintiff files a Second

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Amended Complaint, the Amended Complaint no longer serves any function in the

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case. Therefore, in a Second Amended Complaint, as in an Amended Complaint,

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each claim and the involvement of each defendant must be sufficiently alleged.

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Failure to comply with this Order will result in the recommended dismissal of this

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case, without prejudice.

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Dated: March 17, 2017

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___________________________________
NANCY J. KOPPE
United States Magistrate Judge

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