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ORDER DECLINING TO SERVE AND

GRANTING LEAVE TO AMEND - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

MAX ENGLERIUS, )

)

Plaintiff, ) CASE NO. C05-1515P

)

v. )

) ORDER DECLINING TO SERVE

UNITED STATES GOVERNMENT, et al., ) COMPLAINT AND GRANTING, 

) LEAVE TO AMEND

Defendants. )

____________________________________)

Plaintiff has filed a complaint in United States District Court of the Western District of

Washington at Seattle. The Court, having reviewed the complaint and record, does hereby find and

ORDER that the complaint is defective for the following reasons: 

(1) Rule 8(a) of the Federal Rules of Civil Procedure provides that 

A pleading which sets forth a claim for relief . . . shall contain (1) a short and plain

statement of the grounds upon which the court's jurisdiction depends, unless the court

already has jurisdiction to support it, (2) a short and plain statement of the claim

showing that the pleader is entitled to relief, and (3) a demand for judgment for the

relief the pleader seeks. . . .

Fed. R. Civ. P. 8(a).

Plaintiff's complaint does not comply with the requirements set forth in Rule 8(a). While

Plaintiff filed his complaint on the Court’s forms, it is not clear under what law or laws he intends to

sue the Defendants he names. If Plaintiff wishes to proceed with this action, he must specifically

identify the legal and factual bases for his suit, the parties and individuals involved, and the basis for

this Court’s jurisdiction. In addition, he must provide a clear and concise demand for relief along with

the statement of his claim.

(2) Plaintiff should be advised that he may sue the United States only under certain

statutes where the government has waived sovereign immunity. If he wishes to pursue one of these

Case 2:05-cv-01515-MJP Document 4 Filed 09/20/05 Page 1 of 2
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ORDER DECLINING TO SERVE AND

GRANTING LEAVE TO AMEND - 2

causes of action, he must state which statute applies and to whom he believes it applies in his case. If

the plaintiff wishes to sue a private individual in federal court, he must show that the court has

jurisdiction because the parties are all from different states and that the amount is controversy is

$75,000 or more, or that he is suing under a federal statute or the Constitution. 

(3) If the Plaintiff needs to research the legal basis for his claim, he may use the law library

on the 19th Floor of the U.S. District Courthouse, located at 700 Stewart Street, Seattle, WA 98101

and open to the public from 12:30 p.m. to 4:30 p.m., Monday to Friday.

(4) Plaintiff may file an amended complaint curing the above-mentioned deficiencies within

thirty (30) days of the date on which this Order is signed. The amended complaint must be legible

and must be sufficiently clear to produce a readable scanned image. In addition, the amended

complaint must carry the same case number as this one. If no amended complaint is timely filed,

the Court will dismiss this matter under 28 U.S.C. § 1915(e)(2)(B)(ii). 

Plaintiff is advised that an amended pleading operates as a complete substitute for an original

pleading. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.) (citing Hal Roach Studios, Inc. v.

Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1990) (as amended), cert. denied, 506

U.S. 915 (1992). Thus, if plaintiff chooses to file an amended complaint, the Court will not consider

his original complaint. 

(5) The Clerk is directed to send Plaintiff a copy of this order and the appropriate forms so

that he may file an amended complaint. 

DATED this 20th day of September, 2005.

A

Marsha J. Pechman

United States District Judge

Case 2:05-cv-01515-MJP Document 4 Filed 09/20/05 Page 2 of 2