Varner v. Strawter ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Khari Varner, Tera Strawter, J.K.V., K- Case No. 2:24-cv-00537-JAD-DJA 6 L.V.V., N.S.V., K.T.V., 7 Plaintiffs, Order 8 v. 9 Sawnte Strawter, et al., 10 Defendants. 11 12 Before the Court is Plaintiff Khari Varner’s application to proceed in forma pauperis. 13 (ECF No. 3). The Court finds that Varner’s application is complete. However, the Court will 14 require Plaintiff Tera Strawter to file a separate application to proceed in forma pauperis if 15 Strawter wishes to continue in this action. Because the Plaintiffs have filed a complaint and two 16 amended complaints that appear to supplement, rather than replace the original, the Court will 17 also require Plaintiffs to file a single complaint that is complete in itself. Finally, because pro se 18 parties cannot represent minor children in court, minor Plaintiffs must be represented by counsel. 19 I. The Court grants Varner’s in forma pauperis application. 20 Varner submitted the declaration required by 28 U.S.C. § 1915(a) showing an inability to 21 prepay fees and costs or give security for them. (ECF No. 3). The Court will thus grant Varner’s 22 request to proceed in forma pauperis. However, “although only one filing fee needs to be paid 23 per case, if multiple plaintiffs seek to proceed in forma pauperis, each plaintiff must qualify for 24 [in forma pauperis] status.” Anderson v. California, No. 10-cv-02216-MMA-AJB, 2010 WL 25 4316996, at *1 (S.D. Cal. Oct. 27, 2010). The application that Varner submitted is signed by 26 Varner and appears to only provide Varner’s financial information, not Strawter’s. Without 27 knowing each Plaintiff’s financial circumstances, the Court cannot conclude that they are eligible 1 WL 1806277, at *2 (E.D. Cal. Jan. 31, 2023) (requiring each Plaintiff to submit their own 2 separate application if they wished to proceed in forma pauperis). The Court will thus order that, 3 if Strawter wishes to proceed in this matter, Strawter must file a separate application containing 4 only Strawter’s financial information. 1 5 II. Plaintiffs must file a single, complete complaint. 6 The Plaintiffs have submitted a complaint and two amended complaints, each of which is 7 signed by both Varner and Strawter. (ECF Nos. 1-1, 1-2, 4, and 5). The amended complaints 8 appear to supplement, rather than replace the initial complaint. The Court will not piecemeal 9 Plaintiffs’ complaint together from multiple filings. Plaintiffs’ operative complaint must contain 10 all claims, attachments, and requests for relief that Plaintiffs wish the Court to consider. 11 Accordingly, the Court gives Plaintiffs leave to file a single, complete, amended complaint. If 12 Plaintiffs do not file an amended complaint, the Court will screen the initial complaint and will 13 not consider any of allegations or requests for relief included in Plaintiffs’ two amended 14 complaints. 15 If Plaintiffs choose to file an amended complaint, they are advised that an amended 16 complaint supersedes (replaces) the original complaint, and previously filed amended complaints, 17 and, thus, the amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. 18 Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a 19 party was named in the original complaint is irrelevant; an amended pleading supersedes the 20 original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that for 21 claims dismissed with prejudice, a plaintiff is not required to reallege such claims in a subsequent 22 amended complaint to preserve them for appeal). Plaintiffs’ amended complaint must contain all 23 claims, defendants, factual allegations, attachments, and requested relief that Plaintiffs wish to 24 pursue in this lawsuit. 25 1 Although J.K.V., K-L.V.V., N.S.V., and K.T.V. are also listed as Plaintiffs, the Court will not 26 require applications from them because, based on the filings in this action, they appear to be 27 minor children. (ECF No. 1-1 at 4); (ECF No. 4 at 4). And as addressed more fully herein, a parent or guardian cannot bring an action on behalf of a minor child without retaining a lawyer. 1 III. Plaintiffs must retain counsel for minor plaintiffs. 2 If J.K.V., K-L.V.V., N.S.V., and K.T.V. are minors, Plaintiffs must retain counsel on their 3 behalf for J.K.V., K-L.V.V., N.S.V., and K.T.V.’s claims to proceed.2 Johns v. Cnty. of San 4 Diego, 114 F.3d 874, 877 (9th Cir. 1997). A pro se party—even a parent or guardian—cannot 5 bring an action on behalf of a minor child without retaining a lawyer. Id. If Plaintiffs cannot 6 retain counsel on J.K.V., K-L.V.V., N.S.V., and K.T.V’s behalf, they should not list them as 7 Plaintiffs in any amended complaint. If Plaintiffs do not amend their complaint and do not retain 8 counsel for the minor Plaintiffs, the Court will screen the original complaint and dismiss any 9 claims brought on J.K.V., K-L.V.V., N.S.V., and K.T.V’s behalf. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 /// 24 /// 25 /// 26 27 2 If J.K.V., K-L.V.V., N.S.V., and K.T.V. are not minors, Plaintiffs must either state so in any amended complaint or, if they choose not to file an amended complaint, file a status report with 1 IT IS THEREFORE ORDERED that Varner’s application to proceed in forma pauperis 2 (ECF No. 3) is granted. 3 IT IS FURTHER ORDERED that, if Strawter wishes to continue in this matter, Strawter 4 must file a separate application to proceed in forma pauperis on or before May 13, 2024. 5 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to send Plaintiffs 6 a copy of this order and a copy of the form application for a non-inmate to proceed in forma 7 pauperis and its accompanying instruction packet. 8 IT IS FURTHER ORDERED that Plaintiffs are granted leave to file a single, complete, 9 amended complaint. Any minor children who are Plaintiffs to the amended complaint must be 10 represented by counsel. If Plaintiffs choose to file an amended complaint, Plaintiffs must file that 11 amended complaint on or before May 13, 2024. 12 IT IS FURTHER ORDERED that if Plaintiffs do not timely file an amended complaint, 13 the Court will screen the original complaint (ECF Nos. 1-1, 1-2) and will not consider the 14 allegations or requests for relief included in Plaintiffs’ amended complaints (ECF Nos. 4, 5). 15 16 DATED: April 12, 2024 17 18 DANIEL J. ALBREGTS 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27