United States District Court, D. Arizona
ROBERT C. BROOMFIELD, Senior District Judge.
On November 20, 2013, Plaintiff Jeffrey Alan Taylor, who is confined in the Maricopa County Lower Buckeye Jail, filed a pro se civil rights Complaint (Doc. 1) and an "Application for Deferral or Waiver of Court Fees and/or Costs and Consent to Entry of Judgment." Plaintiff also filed a state court form "Request and Order for Hearing, " which the Clerk of Court docketed as a Motion for Hearing (Doc. 5). In an Order dated December 12, 2013, the Court denied without prejudice Plaintiff's Application and granted Plaintiff 30 days to either pay the $400.00 filing and administrative fees or to file a complete Application to Proceed In Forma Pauperis. On December 19, 2013, Plaintiff filed a new Application to Proceed In Forma Pauperis (Doc. 9). The Court will grant the Application to Proceed, will deny the Motion, and will dismiss the Complaint with leave to amend using the court-approved form.
I. Application to Proceed In Forma Pauperis and Filing Fee
Plaintiff's Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). The Court will assess an initial partial filing fee of $6.10. Id. The remainder of the statutory filing fee will be collected monthly in payments of 20% of the previous month's income credited to Plaintiff's trust account each time the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate government agency to collect and forward the fees according to the statutory formula.
II. Failure to File Complaint on Court-Approved Form
Pursuant to Local Rule of Civil Procedure 3.4, "[a]ll complaints and applications to proceed in forma pauperis by incarcerated persons shall be signed and legibly written or typewritten on forms approved by the Court." Plaintiff has not filed his Complaint on the court-approved form and the Court is unable to determine the precise number and nature of Plaintiff's claims. Also, although Plaintiff discusses several individuals in his Complaint, he fails to specifically identify the Defendants he is suing, as required in Section B of the court-approved form. The Court will therefore dismiss the Complaint and grant Plaintiff 30 days to file a first amended complaint on the court-approved form.
III. Leave to Amend
For the foregoing reasons, the Complaint will be dismissed for failure to comply with Local Rule of Civil Procedure 3.4. Within 30 days, Plaintiff may submit a first amended complaint to cure the deficiencies outlined above. The Clerk of Court will mail Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff fails to use the court-approved form, the Court may strike the first amended complaint and dismiss this action without further notice to Plaintiff.
Plaintiff must clearly designate on the face of the document that it is the "First Amended Complaint." The first amended complaint must be retyped or rewritten in its entirety on the court-approved form and may not incorporate any part of the original Complaint by reference. Plaintiff may include only one claim per count.
A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat an original complaint as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original complaint and that was voluntarily dismissed or was dismissed without prejudice is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc).
Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release. Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay the balance or (2) show good cause, in writing, why he ...