Williams v. Clark County ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 JAMES WILLIAMS, Case No. 2:19-CV-01212-APG-EJY 5 Plaintiff, ORDER 6 v. 7 LAS VEGAS METRO POLICE DEPT., et al., 8 Defendant. 9 10 Presently before the Court is Plaintiff James Williams’ Application to Proceed In Forma 11 Pauperis (ECF No. 1), filed on July 11, 2019. 12 I. In Forma Pauperis Application 13 Plaintiff has submitted the declaration required by 28 U.S.C. § 1915(a) showing an inability 14 to prepay fees and costs or give security for them. Accordingly, Plaintiff’s request to proceed in 15 forma pauperis will be granted. 16 II. Screening the Complaint 17 Upon granting a request to proceed in forma pauperis, a court must screen the complaint 18 under 28 U.S.C. § 1915(e)(2). In screening the complaint, a court must identify cognizable claims 19 and dismiss claims that are frivolous, malicious, file to state a claim on which relief may be granted 20 or seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). 21 Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for failure to state 22 a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter, 668 F.3d 1108, 1112 23 (9th Cir. 2012). To survive § 1915 review, a complaint must “contain sufficient factual matter, 24 accepted as true, to state a claim to relief that is plausible on its face.” See Ashcroft v. Iqbal, 556 25 U.S. 662, 678 (2009). The court liberally construes pro se complaints and may only dismiss them 26 “if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which 27 would entitle him to relief.” Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir. 2014) (quoting Iqbal, 1 In considering whether the complaint is sufficient to state a claim, all allegations of material 2 fact are taken as true and construed in the light most favorable to the plaintiff. Wyler Summit P’ship 3 v. Turner Broad. Sys. Inc., 135 F.3d 658, 661 (9th Cir. 1998) (citation omitted). Although the 4 standard under Rule 12(b)(6) does not require detailed factual allegations, a plaintiff must provide 5 more than mere labels and conclusions. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). 6 A formulaic recitation of the elements of a cause of action is insufficient. Id. Unless it is clear the 7 complaint’s deficiencies could not be cured through amendment, a pro se plaintiff should be given 8 leave to amend the complaint with notice regarding the complaint’s deficiencies. Cato v. United 9 States, 70 F.3d 1103, 1106 (9th Cir. 1995). 10 Here Plaintiff filed a document titled “Notice of On-Going State and Federal Constitutional 11 Violations and Request for Extraordinary Violations and Request for extraordinary Remedy (Writ 12 of Mandamus/Prohibition)” (ECF No. 2). This document fails to state a claim upon which relief 13 may be granted. Specifically, Plaintiff’s Writ apparently seeks a ruling that includes a temporary 14 restraining order and/or a preliminary injunction prohibiting the Las Vegas Metropolitan Police 15 Department (“LVMPD” or “Department”) from enforcing certain Clark County Codes. Plaintiff 16 also seeks a return of property Plaintiff claims was taken by LVMPD and $500,000 in damages. 17 Plaintiff alleges violations of the state and federal constitution, a violation of RICO (without 18 identifying if the claim is asserted under state or federal law), and an unidentified “Sherman, 19 Clayton, Hobbs” claim. Plaintiff also claims that he was denied access to the Courts because there 20 are inadequate law library facilities in Clark County. 21 Plaintiff fails to state the necessary elements (or allege facts that would support the necessary 22 elements) of a restraining order or injunction under Federal Rule of Civil Procedure 65. Further, the 23 LVMPD enjoys qualified immunity from suit alleging violation so federal law so long as the 24 Department was acting reasonably in the course of performing their job. The remainder of Plaintiff’s 25 claims fail to identify justiciable causes of action as Plaintiff fails to state claims for civil 26 racketeering, and failure of Clark County law library facilities. The Court therefore will dismiss 27 Plaintiff’s Complaint without prejudice for the Plaintiff to file an amended complaint. 1 If Plaintiff chooses to file an amended complaint, the document must be titled “Amended 2 Complaint.” The amended complaint must contain a short and plain statement of the grounds for 3 the Court’s jurisdiction. See Fed. R. Civ. P. 8(a)(1). Additionally, the amended complaint must 4 contain a short and plain statement describing the underlying case and Defendant’s conduct that 5 constitutes discrimination. See Fed. R. Civ. P. 8(a)(2). Although the Federal Rules of Civil 6 Procedure adopt a flexible pleading standard, Plaintiff still must give the Defendant fair notice of 7 the Plaintiff’s claims against it and Plaintiff’s entitlement to relief. 8 Additionally, Plaintiff is advised that if he files an amended complaint, the original complaint 9 (ECF No. 2) no longer serves any function in this case. As such, the amended complaint must be 10 complete in and of itself without reference to prior pleadings or other documents. The Court cannot 11 refer to a prior pleading or other documents to make Plaintiff’s amended complaint complete. 12 IT IS THEREFORE ORDERED that Plaintiff’s Application for Leave to Proceed In Forma 13 Pauperis (ECF No. 1) is GRANTED. Plaintiff will not be required to pay the filing fee in this action. 14 Plaintiff is permitted to maintain this action to conclusion without the necessity of prepayment of 15 any additional fees or costs or the giving of a security for fees or costs. This Order granting leave 16 to proceed in forma pauperis does not extend to the issuance of subpoenas at government expense. 17 IT IS FURTHER ORDERED that the Clerk of the Court must file Plaintiff’s Complaint (ECF 18 No. 2). 19 IT IS FURTHER ORDERED that the Complaint (ECF No. 2) is DISMISSED without 20 prejudice for failure to state a claim upon which relief can be granted, with leave to amend. If 21 Plaintiff chooses to file an amended complaint, Plaintiff must file the amended complaint within 30 22 days from the date of this Order. Failure to comply with this Order will result in a recommendation 23 that this action be dismissed. 24 DATED THIS 16th day of August, 2019. 25 26 27 ELAYNA J. YOUCHAH