Major v. City and County of San Francisco

Northern District of California, cand-4:2015-cv-03426

ORDER DISMISSING {{11}} AMENDED COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Kandis A. Westmore on 11/06/15. (kawlc2S, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MARK E. MAJOR, 7 Case No. 15-cv-03426-KAW Plaintiff, 8 v. ORDER DISMISSING AMENDED 9 COMPLAINT WITH LEAVE TO CITY AND COUNTY OF SAN AMEND 10 FRANCISCO, et al., Re: Dkt. No. 11 11 Defendants. 12 Northern District of California United States District Court 13 Plaintiff Mark E. Major, acting pro se, commenced this case on July 24, 2015.1 (Compl., 14 Dkt. No. 1.) On August 6, 2015, the Court dismissed his complaint with leave to amend because it 15 did not provide "a short and plain statement of the claim showing that the pleader is entitled to 16 relief." (Aug. 5, 2015 Order, Dkt. No. 5 (quoting Fed. R. Civ. P. 8(a)(2).) The original complaint 17 was over 155 pages long and included an additional 50 pages of exhibits. (See id. at 2.) 18 Plaintiff has now filed an amended complaint that resembles the original. (Am. Compl., 19 Dkt. No. 11.) It is over 130 pages long and includes over 50 pages of exhibits. (See id.) As the 20 Court explained in its previous order, the complaint does not "provide a short and plain statement 21 of the claim showing that the pleader is entitled to relief." See Fed. R. Civ. P. 8(a)(2); see also 22 Prezzi v. Berzak, 57 F.R.D. 149, 150 (S.D.N.Y. 1972) (dismissing 53-page complaint because it 23 "conform[ed] neither with the form nor the spirit of Rule 8"). 24 Accordingly, Plaintiff's amended complaint is DISMISSED WITH LEAVE TO AMEND. 25 Plaintiff shall file a second amended complaint within 30 days of this order. Plaintiff is once 26 again encouraged to contact the Federal Pro Bono Project's Help Desk—a free service for pro se 27 1 28 On August 13, 2015, Plaintiff consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c). Pl.'s Consent, Dkt. No. 7. 1 litigants—by calling (415) 782-8982. The Court has also adopted a manual for use by pro se 2 litigants, which may be helpful to Plaintiff. This manual, and other free information is available 3 online at: http://cand.uscourts.gov/proselitigants. 4 IT IS SO ORDERED. 5 Dated: 11/06/2015 __________________________________ 6 KANDIS A. WESTMORE 7 United States Magistrate Judge 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2