United States District Court, D. Arizona
A. Teilborg, Senior United States District Judge.
before the Court is Plaintiff's application to proceed in
forma pauperis. (Doc. 2). Because Plaintiff's expenses
exceed his income, the Court will grant the application.
See Escobedo v. Applebees, 787 F.3d 1226, 1234-36
(9th Cir. 2015).
28 U.S.C. § 1915(e)(2)
provided with respect to in forma pauperis cases that a
district court "shall dismiss the case at any time if
the court determines" that the "allegation of
poverty is untrue" or that the "action or
appeal" is "frivolous or malicious,"
"fails to state a claim on which relief may be
granted," or "seeks monetary relief against a
defendant who is immune from such relief." 28 U.S.C.
§ 1915(e)(2). While much of section 1915 outlines how
prisoners can file proceedings in forma pauperis, section
1915(e) applies to all in forma pauperis proceedings, not
just those filed by prisoners. Lopez v. Smith, 203
F.3d 1122, 1127 (9th Cir. 2000) ("section 1915(e)
applies to all in forma pauperis complaints"). "It
is also clear that section 1915(e) not only permits but
requires a district court to dismiss an in forma pauperis
complaint that fails to state a claim." Id.
Therefore, this court must dismiss an in forma pauperis
complaint if it fails to state a claim or if it is frivolous
complaint, containing both factual allegations and legal
conclusions, is frivolous where it lacks an arguable basis
either in law or in fact." Neitzke v. Williams,
490 U.S. 319, 325 (1989). Furthermore, "a finding of
factual frivolousness is appropriate when the facts alleged
rise to the level of the irrational or wholly incredible,
whether or not there are judicially recognized facts
available to contradict them." Denton v.
Hernandez, 504 U.S. 25, 33 (1992). "A case is
malicious if it was filed with the intention or desire to
harm another." Andrews v. King, 398 F.3d 1113,
1121 (9th Cir. 2005).
Rule 8, Federal Rules of Civil Procedure
must be stated clearly enough to enable a defendant to frame
a responsive pleading. A complaint must contain "a short
and plain statement of the claim showing that the pleader is
entitled to relief." Fed.R.Civ.P. 8(a). "Each
averment of a pleading shall be simple, concise, and
direct." Fed.R.Civ.P. 8(e)(1). A complaint having the
factual elements of a cause of action present but scattered
throughout the complaint and not organized into a "short
and plain statement of the claim" may be dismissed for
failure to satisfy Rule 8(a). Sparling v. Hoffman Constr.
Co., 864 F.2d 635, 640 (9th Cir. 1988).
order to assist litigants to understand the Rule 8(e)
requirements that averments "be simple, concise, and
direct," Rule 84 of the Federal Rules of Civil Procedure
provides samples in an Appendix of Forms, which are
"intended to indicate the simplicity and brevity of
statement which the rules contemplate." McHenry v.
Renne, 84 F.3d 1172, 1177 (9th Cir. 1996). An example is
Form 9 (Complaint for Negligence):
1. Allegation of jurisdiction
2. On June 1, 1936, in a public highway called Boylston
Street in Boston, Massachusetts, defendant negligently drove
a motor vehicle against plaintiff, who was then crossing said
3. As a result plaintiff was thrown down and had his leg
broken, and was otherwise injured, was prevented from
transacting his business, suffered great pain of body and
mind, and incurred expenses for medical attention and
hospitalization in the sum of one thousand dollars.
4. Wherefore plaintiff demands judgment against defendant in
the sum of ___ dollars and costs.
Id. "This complaint fully sets forth who is
being sued, for what relief, and on what theory, with enough
detail to guide discovery. It can be read in seconds and
answered in minutes." Id. In addition, to
satisfy Rule 8, each claim must be stated in a separate
count. Bautista v. ...