Allison v. Ceasars Owned

District Court, D. Nevada

Allison v. Ceasars Owned

Trial Court Opinion

1

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 * * *

5 Ronald J. Allison, Case No. 2:21-cv-01228-JCM-BNW

6 Plaintiff, Order 7 v.

8 Ceasars Owned, et al.,

9 Defendants.

10

11 Plaintiff submitted initiating documents to this Court on June 29, 2021. ECF No. 1. 12 Plaintiff did not pay the filing fee for this case or file an application to proceed in forma pauperis. 13 If Plaintiff is unable to pay the filing fee in this case, Plaintiff must complete an 14 application to proceed in forma pauperis under

28 U.S.C. § 1915

(a)(1) and Local Special Rule 15 (“LSR”) 1-1. If Plaintiff can pay the filing fee, he must do so. 16 Plaintiff also did not submit a complaint to the Court. If Plaintiff wishes to pursue this 17 case, he must file a complaint. To help Plaintiff file a properly formatted complaint, the Court 18 now advises Plaintiff of the following requirements under the Federal Rules of Civil Procedure. 19 Plaintiff is advised that failing to comply with these rules when drafting and filing his complaint 20 may result in this action being dismissed. 21 First, Plaintiff’s complaint must be short and plain. Pursuant to Federal Rule of Civil 22 Procedure 8, Plaintiff’s complaint must contain “a short and plain statement of the claim showing 23 that [Plaintiff] is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “Each allegation must be simple, 24 concise, and direct.” Fed. R. Civ. P. 8(d)(1). “A party must state its claims or defenses in 25 numbered paragraphs, each limited as far as practicable to a single set of circumstances.” Fed. R. 26 Civ. P. 10(b). “[E]ach claim founded on a separate transaction or occurrence . . . must be stated in 27 a separate count.”

Id.

1 Second, Plaintiff may not raise multiple unrelated claims in a single lawsuit. Plaintiff is 2 || advised that the Federal Rules of Civil Procedure do not permit a litigant to raise unrelated claims 3 || involving different defendants in a single action. A basic lawsuit is a single claim against a single 4 || defendant. Federal Rule of Civil Procedure 18(a) allows a plaintiff to add multiple claims to the 5 || lawsuit when those claims are against the same defendant. Federal Rule of Civil Procedure 20(a) 6 || allows a plaintiff to add multiple parties to a lawsuit where the right to relief arises out of the 7 || “same transaction, occurrence, or series of transactions or occurrences.” Fed. R. Civ. P. 8 || 20(a)(2)(A). “However, unrelated claims that involve different defendants must be brought in 9 || separate lawsuits.” Bryant v. Romero, No. 1:12-CV-02074-DLB PC,

2013 WL 5923108

, at *2 10 || (E.D. Cal. Nov. 1, 2013) (citing George v. Smith,

507 F.3d 605, 607

(7th Cir. 2007)). This rule is 11 || intended to avoid confusion that arises out of bloated lawsuits. 12 IT IS THEREFORE ORDERED that the Clerk of the Court must send Plaintiff the 13 || approved form application to proceed in forma pauperis, as well as the document titled 14 || “Information and Instructions for Filing an In Forma Pauperis Application.” 15 IT IS FURTHER ORDERED that by July 22, 2021, Plaintiff must either: (1) file a 16 || complete application to proceed in forma pauperis in compliance with

28 U.S.C. § 1915

(a)(1) and 17 || LRS 1-1; or (2) pay the full $402 fee for a civil action, which includes the $350 filing fee and the 18 || $52 administrative fee. Plaintiff is advised that failure to comply with this order will result in a 19 |) recommendation that this case be dismissed. 20 IT IS FURTHER ORDERED that by July 22, 2021, Plaintiff must file a complaint. 21 || Plaintiff is advised that failure to comply with this order will result in a recommendation that this 22 || case be dismissed. 23 DATED: July 2, 2021. Sx Lea 25 BRENDA WEKSLER 26 UNITED STATES MAGISTRATE JUDGE 27 28

Reference

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