Christopher Johnson v. Roger Goodell, Mark Davis, et al.
Christopher Johnson v. Roger Goodell, Mark Davis, et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2
3 CHRISTOPHER JOHNSON, Case No.: 2:25-cv-01906-JAD-EJY
4 Plaintiff, Order 5 v.
6 ROGER GOODELL, MARK DAVIS, et al.,
7 Defendants.
8 9 Plaintiff, proceeding pro se, filed an application to proceed in forma pauperis (ECF No. 11) 10 and Amended Complaint and Request for Injunction (ECF No. 5). Plaintiff’s in forma pauperis 11 application is granted below. Plaintiff’s Amended Complaint is dismissed without prejudice and 12 with one opportunity to amend. 13 I. Screening Standard 14 Upon granting a request to proceed in forma pauperis, a court must screen the complaint 15 under
28 U.S.C. § 1915(e)(2). In screening the complaint, a court must identify cognizable claims 16 and dismiss claims that are frivolous, malicious, fail to state a claim on which relief may be granted 17 or seek monetary relief from a defendant who is immune from such relief.
28 U.S.C. § 1915(e)(2). 18 Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for failure to state 19 a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter,
668 F.3d 1108, 1112 20 (9th Cir. 2012). To survive § 1915 review, a complaint must “contain sufficient factual matter, 21 accepted as true, to state a claim to relief that is plausible on its face.” See Ashcroft v. Iqbal, 556
22 U.S. 662, 678 (2009). The court liberally construes pro se complaints and may only dismiss them 23 “if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which 24 would entitle him to relief.” Nordstrom v. Ryan,
762 F.3d 903, 908(9th Cir. 2014) (quoting Iqbal, 25 556 U.S. at 678). 26 In considering whether the complaint is sufficient to state a claim, all allegations of material 27 fact are taken as true and construed in the light most favorable to the plaintiff. Wyler Summit P’ship 1 standard under Rule 12(b)(6) does not require detailed factual allegations, a plaintiff must provide 2 more than mere labels and conclusions. Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 555(2007). 3 A formulaic recitation of the elements of a cause of action is insufficient.
Id.Unless it is clear the 4 complaint’s deficiencies could not be cured through amendment, a pro se plaintiff should be given 5 leave to amend the complaint with notice regarding the complaint’s deficiencies. Cato v. United 6 States,
70 F.3d 1103, 1106 (9th Cir. 1995). 7 II. Discussion 8 Plaintiff’s Amended Complaint fails to state a claim upon which relief may be granted. 9 Federal Rule of Civil Procedure 8(a)(2) requires Plaintiff to plead a “short and plain statement” of 10 his claims demonstrating he is entitled to relief. Fed. R. Civ. P. 8(a)(2). Rule 8(d)(1) states that 11 “[e]ach allegation must be simple, concise, and direct.” Fed. R. Civ. P. 8(a)(3) states that a complaint 12 must include “a demand for relief sought … .” In sum, Rule 8, requires a complaint to provide each 13 defendant with “fair notice of what … [is] claim[ed] … and the grounds upon which [the claims] 14 rests.” Dura Pharms., Inc. v. Broudo,
544 U.S. 336, 346(2005) (internal citation and quotation 15 marks omitted). Rule 10(b) of the Federal Rules of Civil Procedure also requires a plaintiff to state 16 claims in “numbered paragraphs, each limited as far as practicable to a single set of circumstances.” 17 Fed. R. Civ. P. 10(b). “If doing so would promote clarity, each claim founded on a separate 18 transaction or occurrence … must be stated in a separate count.”
Id.19 Here, Plaintiff fails to identify any cause of action or tie specific facts to specific defendants 20 in a simple, concise or direct manner that would reasonably allow each defendant to understand the 21 link between the alleged wrongful conduct and the alleged violation of rights. Further, Plaintiff is 22 not entitled to summary judgment as no Defendant has been served and, thus, no Defendant has had 23 an opportunity to respond to Plaintiff’s allegations. Further, while Plaintiff says he seeks injunctive 24 relief, the Court cannot discern what Plaintiff seeks to enjoin or on what legal basis an injunction 25 would be granted. In sum, Plaintiff’s Amended Complaint fails to provide a coherent factual bases 26 that underlies any identifiable claim for relief. 27 1 III. ORDER 2 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Application to Proceed in forma 3 pauperis (ECF No. 11) is GRANTED. 4 IT IS FURTHER ORDERED that Plaintiff’s Amended Complaint (ECF No. 5) is dismissed 5 without prejudice and with one opportunity to amend. 6 IT IS FURTHER ORDERED that Plaintiff is provided one additional opportunity to plead 7 coherent causes of action (claims) against Defendants. If Plaintiff chooses to file an amended 8 complaint the document must be titled “SECOND AMENDED COMPLAINT.” The filing must be 9 made no later than December 8, 2025. Plaintiff is advised that if he files a Second Amended 10 Complaint he must state, in short clear language, what legal claims he is making against each 11 defendant, the factual basis for each claim, and the relief he seeks. In the absence of identifiable 12 legal claims alleged against identified defendants, supported by sufficient facts, the Court will 13 recommend Plaintiff’s case be dismissed in its entirety. Plaintiff is further advised that his 14 submission must be legible. That means, the Court must be able to read and decipher what is written. 15 DATED this 6th day of November, 2025. 16
17 ELAYNA J. YOUCHAH 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27
Reference
- Status
- Unknown