United States District Court, E.D. California
ORDER DISMISSING FIRST AMENDED COMPLAINT FOR
VIOLATION OF RULE 8(a), WITH LEAVE TO AMEND (ECF No. 1.)
THIRTY-DAY DEADLINE TO FILE SECOND AMENDED COMPLAINT NOT
EXCEEDING 25 PAGES
GARY
S. AUSTIN UNITED STATES MAGISTRATE JUDGE
I.
BACKGROUND
Cedric
Lynn Struggs (“Plaintiff”) is a state prisoner
proceeding pro se with this civil rights action
pursuant to 42 U.S.C. § 1983. On September 27, 2018,
Plaintiff filed the Complaint commencing this action. (ECF
No. 1.) Plaintiff has paid the $400.00 filing fee in full.
(ECF No. 7.)
On
September 25, 2019, the court screened the Complaint and
dismissed it for failure to state a claim and for violation
of Rule 18 of the Federal Rules of Civil Procedure, with
leave to amend. (ECF No. 16.) On November 15, 2019, Plaintiff
filed the First Amended Complaint which is now before the
court for screening. (ECF No. 20.) 28 U.S.C. § 1915A.
II.
SCREENING REQUIREMENT
The
court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally “frivolous
or malicious, ” that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
1915A(b)(1), (2). “Notwithstanding any filing fee, or
any portion thereof, that may have been paid, the court shall
dismiss the case at any time if the court determines that the
action or appeal fails to state a claim upon which relief may
be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).
A
complaint is required to contain “a short and plain
statement of the claim showing that the pleader is entitled
to relief.” Fed.R.Civ.P. 8(a)(2). Detailed factual
allegations are not required, but “[t]hreadbare
recitals of the elements of a cause of action, supported by
mere conclusory statements, do not suffice.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007)). While a plaintiff's allegations are taken as
true, courts “are not required to indulge unwarranted
inferences.” Doe I v. Wal-Mart Stores, Inc.,
572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks
and citation omitted). To state a viable claim, Plaintiff
must set forth “sufficient factual matter, accepted as
true, to ‘state a claim to relief that is plausible on
its face.'” Iqbal, 556 U.S. at 678-79;
Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th
Cir. 2009). While factual allegations are accepted as true,
legal conclusions are not. Id. The mere possibility
of misconduct falls short of meeting this plausibility
standard. Id.
III.
PLAINTIFF'S FIRST AMENDED COMPLAINT
Plaintiff
is presently incarcerated at Kern Valley State Prison (KVSP)
in Delano, California, where the events at issue in the
Complaint allegedly occurred. Plaintiff names as defendants:
Correctional Officer (C/O) J. Hightower, Lieutenant C.
Waddle, Sergeant (Sgt.) J. Anderson, Sgt. R. Chanelo, C.
Gonzales (Appeals Coordinator), and R. Santillan (SnE
Officer), (collectively “Defendants”).
Plaintiff's
First Amended Complaint is 42 pages long and violates Rule
8(a) of the Federal Rules of Civil Procedure.
Rule
8(a) of the Federal Rules of Civil Procedure
Rule
8(a)'s simplified pleading standard applies to all civil
actions, with limited exceptions, none of which apply to
§ 1983 actions. Swierkiewicz v. Sorema, N.A.,
534 U.S. 506, 512 (2002). Under federal notice pleading, a
complaint is required to contain “a short and plain
statement of the claim showing that the pleader is entitled
to relief . . . .” Fed.R.Civ.P. 8(a)(2). “Such a
statement must simply give defendant fair notice of what the
plaintiff's claim is and the grounds upon which it
rests.” Id. The federal rules contemplate
brevity. See Galbraith v. County of Santa Clara,
307 F.3d 1119, 1125 (9th Cir. 2002) (noting that
“nearly all of the circuits have now disapproved any
heightened pleading standard in cases other than those
governed by Rule 9(b)”); Fed. R. Civ. P. 84;
cf. Rule 9(b) (setting forth rare exceptions to simplified
pleading). Rule 8 requires Plaintiff to set forth
his claims in short and plain terms, simply, concisely and
directly. See Swierkiewicz, 534 U.S. at 514
(“Rule 8(a) is the starting point of a
simplified pleading system, which was adopted to focus
litigation on the merits of a claim.”); Fed. R.
Civ. P. 8. The Court (and each defendant) should be able
to read and understand Plaintiff's pleading within
minutes. McHenry v. Renne, 84 F.3d 1172, 1179-80 (9th
Cir. 1996).
Plaintiff's
First Amended Complaint fails to comport with Rule 8(a)'s
requirement for “a short and plain statement of the
claim showing that the pleader is entitled to relief.”
Plaintiff's lengthy narrative does not clearly or
succinctly allege facts against the named Defendants. The
complaint itself begins with an introduction discussing what
the First Amended Complaint will show. Next, Plaintiff sets
forth lengthy allegations. Finally, Plaintiff addresses each
of the Defendants in turn, with multiple requests for jury
trial. Plaintiff also includes a prayer for relief for each
of the Defendants.
Plaintiff's
First Amended Complaint shall be dismissed for violation of
Rule 8(a), with leave to file a Second Amended Complaint not
exceeding 25 pages in length. The total number of
pages, including the form complaint and any exhibits, must
not exceed 25 pages. If typewritten, the body of the First
Amended Complaint must be double-spaced. If handwritten, the
Complaint must be legible and written in reasonably-sized
handwriting. Twenty-five pages is more than sufficient for
Plaintiff to identify his claims and set forth specific facts
in support of those claims.
The
Second Amended Complaint does not require an introduction or
any discussion of the law. Plaintiff's allegations should
include facts explaining what happened, when the events
happened, and what each Defendant personally did to violate
Plaintiff's rights. Although not required, the court
recommends that Plaintiff state the facts in chronological
order. Plaintiff should only include one request for
jury trial and one prayer for relief, applicable to
all of the Defendants and claims.
In the
paragraphs that follow, the court provides the legal
standards for the claims it appears Plaintiff wishes to
bring. Plaintiff is advised to review the standards before
deciding ...