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16-6423 - Awan v. Kazoleas-Awan et al


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16-6423 - Awan v. Kazoleas-Awan et al
January 25, 2017
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MEMORANDUM AND ORDER: For the reasons explained above, the Court finds that it lacks subject matter jurisdiction over the Complaint. Fed. R. Civ. P. 12(h)(3). However, Plaintiff is granted leave to file an amended complaint within thirty (30) days from the entry of this Memorandum and Order. Plaintiff is further directed that his amended complaint must comply with Rule 8(a) of the Federal Rules of Civil Procedure, and it must "plead enough facts to state a claim to relief that is plausible on its face." Twombly, 550 U.S. at 570. Plaintiff must provide facts pertinent to each claim and cannot rely on generalized allegations of misconduct. Plaintiff is advised that any amended complaint he files will completely replace the original complaint, must be captioned "Amended Complaint," and must bear the same docket number as this Order. All further proceedings shall be stayed until the expiration of the time granted to file an amended complaint or until an amended complaint is filed, whichever occurs first. If Plaintiff fails to file an amended complaint within thirty days, this action will be dismissed without prejudice to its refiling in a court of appropriate jurisdiction. Although Plaintiff paid the filing fee to commence this action, the Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 43 8, 444-45 (1962). Ordered by Judge Margo K. Brodie on 1/24/2017. (Rodriguez, Lori)