1

2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 Melvin Frazier, Jr, Case No. 2:22-cv-00278-JAD-BNW

7 Plaintiff, SCREENING ORDER 8 v.

9 CCDC, et al.,

10 Defendants. 11 12 13 Presently before the court is pro se Plaintiff’s complaint and application to proceed in 14 forma pauperis (ECF No. 1), each filed on February 14, 2022. 15 I. In forma pauperis Application 16 Plaintiff submitted the declaration required by

(a) showing an inability to 17 prepay fees and costs or give security for them. Accordingly, Plaintiff’s request to proceed in 18 forma pauperis will be granted. 19 The Court now screens Plaintiff’s complaint as required by

(e)(2). 20 II. Analysis 21 In screening a complaint, a court must identify cognizable claims and dismiss claims that 22 are frivolous, malicious, fail to state a claim on which relief may be granted, or seek monetary 23 relief from a defendant who is immune from such relief.

(e)(2). A complaint is 24 frivolous if it contains “claims whose factual contentions are clearly baseless,” such as “claims 25 describing fantastic or delusional scenarios.” Neitzke v. Williams,

(1989). 26 Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for failure to 27 state a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter,

, 1 matter, accepted as true, to state a claim to relief that is plausible on its face.” See Ashcroft v. 2 Iqbal,

(2009). The court liberally construes pro se complaints and may only 3 dismiss them “if it appears beyond doubt that the plaintiff can prove no set of facts in support of 4 his claim which would entitle him to relief.” Nordstrom v. Ryan,

(9th Cir. 5 2014) (quoting Iqbal,

). 6 Here, Plaintiff fails to state a claim upon which relief can be granted. First, Plaintiff’s 7 complaint is largely illegible. Second, from what the Court can discern, it appears that Plaintiff’s 8 allegations describe fantastic and delusional scenarios. For example, it appears that Plaintiff 9 alleges that he is related to several U.S. presidents and that the White House and Buckingham 10 Palace are using spy technology to invade his privacy. Thus, Plaintiff fails to state a claim upon 11 which relief can be granted. The Court, therefore, will dismiss Plaintiff’s complaint without 12 prejudice for the Plaintiff to file an amended complaint. 13 If Plaintiff chooses to file an amended complaint, the document must be titled “Amended 14 Complaint.” The amended complaint must contain a short and plain statement describing the 15 underlying case, the defendants’ involvement in the case, and the approximate dates of their 16 involvement. See Fed. R. Civ. P. 8(a)(2). Although the Federal Rules of Civil Procedure adopt a 17 flexible pleading standard, Plaintiff still must give defendants fair notice of the Plaintiff’s claims 18 against them and Plaintiff’s entitlement to relief. 19 The amended complaint also must contain a short and plain statement of the grounds for 20 the Court’s jurisdiction. See Fed. R. Civ. P. 8(a)(1). Regarding jurisdiction, Plaintiff is advised 21 that “[f]ederal district courts are courts of limited jurisdiction, possessing only that power 22 authorized by Constitution and statute.” K2 Am. Corp. v. Roland Oil & Gas, LLC,

, 23 1027 (9th Cir. 2011) (quotation omitted). Federal district courts “have original jurisdiction of all 24 civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. 25 § 1331. Federal district courts have original jurisdiction over civil actions in diversity cases 26 “where the matter in controversy exceeds the sum or value of $75,000” and where the matter is 27 between “citizens of different States.”

(a). “Section 1332 requires complete 1 defendants.” Morris v. Princess Cruises, Inc.,

(9th Cir. 2001). Additionally, 2 || Plaintiff is advised that if he files an amended complaint, the original complaint no longer serves 3 || any function in this case. As such, the amended complaint must be complete in and of itself 4 || without reference to prior pleadings or other documents. The Court cannot refer to a prior 5 || pleading or other documents to make Plaintiff's amended complaint complete. 6 || II. Conclusion 7 IT IS THEREFORE ORDERED that Plaintiff's Application for Leave to Proceed In 8 || Forma Pauperis (ECF No. 1) is GRANTED. Plaintiff will not be required to pay the filing fee in 9 || this action. Plaintiff is permitted to maintain this action to conclusion without the necessity of 10 || prepayment of any additional fees or costs or the giving of a security for fees or costs. This order 11 || granting leave to proceed in forma pauperis does not extend to the issuance of subpoenas at 12 || government expense. 13 IT IS FURTHER ORDERED that the Clerk of the Court must detach and file □□□□□□□□□□□ 14 || complaint (ECF No. 1-1). 15 IT IS FURTHER ORDERED that the complaint (ECF No. 1-1) is DISMISSED without 16 || prejudice for failure to state a claim upon which relief can be granted but with leave to amend. 17 IT IS FURTHER ORDERED that Plaintiff shall have until March 9, 2022 to file an 18 || amended complaint. Failure to file an amended complaint will result in a recommendation that 19 || this case be dismissed. 20 21 DATED: February 16, 2022. 22 KK pm La WOE, 23 Brenda Weksler 54 United States Magistrate Judge 25 26 27 28