DEBORAH BARNES, Magistrate Judge.
Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with an action filed pursuant to 42 U.S.C. § 1983, alleging that repeated warnings of threats to plaintiff's safety went unheeded by prison authorities, resulting in an attack on plaintiff by another inmate. He has consented to the magistrate judge's jurisdiction under 28 U.S.C. § 636(c).
By order filed January 14, 2015, plaintiff's first amended complaint was dismissed with leave to file a second amended complaint, which plaintiff timely filed. (ECF Nos. 16; 25.) The magistrate judge then-assigned to the case, Judge Kendall J. Newman, issued a second order screening the second amended complaint and dismissing it without prejudice with leave to file a third amended complaint. (ECF No. 28.) Plaintiff timely filed the third amended complaint. (ECF No. 29.) For the reasons set forth below, the third amended complaint is dismissed without prejudice and plaintiff is granted leave to file a fourth amended complaint within 30 days of this order.
The court is required to screen complaints brought by prisoners who seek 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).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
When considering whether a complaint states a claim upon which relief can be granted, the court must accept the allegations as true,
Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice and state the elements of the claim plainly and succinctly.
Furthermore, it is well established that a state actor in a supervisory position cannot be held individually liable in a civil rights action for the constitutional violations of a subordinate.
Plaintiff's third amended complaint spans 49 single-spaced, handwritten pages. (ECF No. 29.) Generally, plaintiff alleges that a threat was anonymously made to his life via a note slid under his cell door, which he promptly reported to prison authorities. In a detailed narrative, extending through 42 pages of the complaint, plaintiff alleges efforts he made to alert correctional officers and prison staff to the danger posed to him, as well as the escalating threats to plaintiff and his family (outside of prison) over the course of an eight-month period. (
Figuring out from this lengthy complaint what claims plaintiff is making, which allegations support which claims, and which allegations are asserted against which defendants, would be excessively time-consuming for the court. In the end, the court would not know that it was correctly interpreting the complaint. The Ninth Circuit has set forth some of the dangers of proceeding with such a complaint:
In short, the court is currently unable to conduct the substantive screening required by 28 U.S.C. § 1915A, because plaintiff has failed to comply with the requirements of Fed. R. Civ. P. 8(a)(2) and (d)(1). Accordingly, the complaint will be dismissed once more with leave to file an amended complaint. If plaintiff chooses to file an fourth amended complaint, he must submit a short and plain statement demonstrating how the conditions or actions complained of have resulted in a deprivation of his federal constitutional or statutory rights.
Plaintiff is advised that in a fourth amended complaint he must clearly identify each defendant and the action that defendant took that violated his constitutional rights. The court is not required to review exhibits to determine what plaintiff's charging allegations are as to each named defendant. The charging allegations must be set forth in the amended complaint so defendants have fair notice of the claims plaintiff is presenting.
While the third amended complaint sets forth clearly-identifiable claims (ECF No. 29 at 44-48), those claims are not tied to specific actions or events in the factual narrative, so there is no way of knowing what specific factual support underlies these causes of action. Plaintiff cannot simply "reallege and incorporate" 42 pages of factual allegations for each cause of action and expect that the court (and the opposing parties) will be able to sort through the long and winding narrative to determine which facts and defendants match which claims.
Any amended complaint must show the federal court has jurisdiction, the action is brought in the right place, and plaintiff is entitled to relief if plaintiff's allegations are true. It must contain a request for particular relief. Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right.
The allegations of the complaint must be set forth in sequentially numbered paragraphs (each paragraph number is one greater than the one before, each paragraph has its own number, and no paragraph number is repeated anywhere in the complaint). Each paragraph should be limited "to a single set of circumstances" where possible. Fed. R. Civ. P. 10(b). Plaintiff must avoid excessive repetition of the same allegations. Plaintiff must also avoid an exhaustive narrative. That is, the complaint should not include every detail of what happened, nor recount the details of conversations. Rather, the amended complaint should contain only those facts needed to show how a specific, named defendant legally wronged the plaintiff.
Plaintiff should be aware that "[j]udges in the Eastern District of California carry the heaviest caseload in the nation, and this Court is unable to devote inordinate time and resources to individual cases and matters."
The federal rules contemplate brevity. Plaintiff's claims should be set forth in short and plain terms, simply, concisely and directly.
The court and defendants should be able to read and understand plaintiff's pleading within minutes.
In addition, plaintiff is reminded that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint.
(ECF No. 28 at 3-4) (emphasis in original).
Therefore, if plaintiff chooses to submit a fourth amended complaint and that fourth amended complaint references any exhibits, those exhibits must be attached to the fourth amended complaint.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's third amended complaint (ECF No. 29) is dismissed without prejudice;
2. Plaintiff is granted leave to file a fourth amended complaint within thirty days of this order; and
3. The Clerk of Court is directed to include a copy of the third amended complaint (ECF No. 29) with this order.