Antonetti v. Obama et al

Filing 9

ORDERED that P's # 8 Motion for reconsideration is DENIED. The Magistrate Judge's # 7 Order of November 3, 2011 is AFFIRMED. FURTHER ORD that Ps request to file an enlarged amended complaint is DENIED. FURTHER ORD that P shall file a le gible amended complaint by 12/29/2011 that complies with Rule 2-1 of the Local Rules of Special Proceedings and the "Information and Instructions for Filing a Civil Rights Complaint." (Complaint form and Instructions mailed to P 11/29/2011. ) FURTHER ORD that failure to file an amended complaint in compliance with this order and the Magistrate Judge's # 7 Order will result in dismissal of this action. Signed by Judge Larry R. Hicks on 11/29/2011. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9

JOSEPH ANTONETTI,

10

Plaintiff,

11

vs.

12

BARACK OBAMA, et al.,

13

Defendants.

)
)
)
)
)
)
)
)
)
/

3:11-cv-00548-LRH-WGC
ORDER

14
15

This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state

16

prisoner. Plaintiff has filed a motion for reconsideration (ECF No. 8) of the Magistrate Judge’s

17

order, entered November 3, 2011 (ECF No. 7).

18

The order of the Magistrate Judge noted that plaintiff’s complaint exceeds 90 pages, in

19

violation of Rule 2-1 of the Local Rules of Special Proceedings. The Magistrate Judge further found

20

that much of the complaint is illegible and repetitious. The Magistrate Judge’s order dismissed the

21

complaint and granted plaintiff leave to file an amended complaint, having the Clerk’s Office send

22

plaintiff the proper civil rights complaint form and instructions for the same. (ECF No. 7).

23

Plaintiff’s present motion for reconsideration is unconvincing. Plaintiff claims that he cannot

24

articulate his claims in a briefer fashion than he did in his original complaint. Plaintiff notes that he

25

has filed several civil actions in this Court. (ECF No. 8, at p. 3). Plaintiff complains that it is

26

difficult for him to obtain paper and supplies. Ironically, at the same time, plaintiff requests leave to

27

file an “enlarged complaint” exceeding the page limitation of Rule 2-1 of the Local Rules of Special

28

Proceedings, when he files his amended complaint. (ECF No. 8, at pp. 1-5).

1

This Court finds that the Magistrate Judge’s order of November 3, 2011, is not clearly

2

erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). This Court agrees with the Magistrate

3

Judge’s ruling that the complaint is unduly lengthy at over 90 pages, is repetitious, and is illegible in

4

part. In addition, much of the complaint fails to state a claim. For example, the first defendant

5

named in the complaint is United States President Barack Obama. (Complaint, at p. 1). The

6

President of the United States is absolutely immune from suit for damages for conduct that is part of

7

the President’s official duties. Forrester v. White, 484 U.S. 219, 225 (1988); Fry v. Melarangno,

8

939 F.2d 832, 836 (9th Cir. 1991). It is just this type of frivolous claim that leads this Court to reject

9

plaintiff’s complaint in its current form.

10

The November 3, 2011 order of the Magistrate Judge is affirmed and plaintiff shall comply

11

with all aspects of the order. Plaintiff’s request to file an “enlarged” amended complaint exceeding

12

the page limitation of Rule 2-1 of the Local Rules of Special Proceedings is denied. Plaintiff’s

13

failure to submit an amended complaint in compliance with the Magistrate Judge’s order will result

14

in dismissal of this entire action.

15

IT IS THEREFORE ORDERED that plaintiff’s motion for reconsideration (ECF No. 8) of

16

the Magistrate Judge’s order is DENIED. The Magistrate Judge’s order of November 3, 2011 is

17

AFFIRMED.

18

IT IS FURTHER ORDERED that plaintiff’s request to file an “enlarged” amended

19

complaint exceeding the page limitation of Rule 2-1 of the Local Rules of Special Proceedings is

20

DENIED.

21

IT IS FURTHER ORDERED that plaintiff shall file a legible amended complaint within 30

22

days that complies with Rule 2-1 of the Local Rules of Special Proceedings and the “Information

23

and Instructions for Filing a Civil Rights Complaint.”

24

///

25

///

26

///

27

///

28

///
2

1

IT IS FURTHER ORDERED that failure to file an amended complaint in compliance with

2

this order and the Magistrate Judge’s order of November 3, 2011, will result in dismissal of this

3

action.

4
5

Dated this 29th day of November, 2011.

6
7
8

LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3