Karen Edmon v. Benjermine Schuler et al

Filing 7

ORDER AND JUDGMENT OF DISMISSAL by Judge John F. Walter. IT IS HEREBY ORDERED AND ADJUDGED that this action is DISMISSED. (MD JS-6, Case Terminated). (iv)

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1 2 JS-6 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 ) NO. EDCV 20-1428-JFW (KS) ) Plaintiff, ) v. ) ) ORDER AND JUDGMENT OF DISMISSAL ) BENJERMINE SCHULER, et al, ) Defendants. ) _________________________________ ) KAREN EDMON, 16 17 On July 16, 2020, Plaintiff, a California resident proceeding pro se, filed a complaint 18 (the “Complaint”) against the County of Riverside and others in connection with the death of 19 her daughter. (Dkt. No. 1.) It is wholly unclear from the Complaint and its attachments what 20 actions any defendant took that caused Plaintiff’s daughter’s death, and the Court cannot 21 determine the date or cause of Plaintiff’s daughter’s death or the number of, and legal basis 22 for, Plaintiff’s claims. (See generally id.) Accordingly, the Complaint is subject to dismissal 23 for failure to state a claim and comply with Rule 8 of the Federal Rules of Civil Procedure. 24 See McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1996) (pleading violates Rule 8 if “one 25 cannot determine from the complaint who is being sued, for what relief, and on what theory”); 26 United States ex rel. Cafasso v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1059 (9th Cir. 27 2011) (a complaint violates Rule 8 if a defendant would have difficulty understanding and 28 responding to it). 1 1 2 Additionally, on July 20, 2020, the Court notified Plaintiff that she had failed to pay 3 the filing fee and had not filed a request to proceed in forma pauperis. (Dkt. No. 4.) On 4 August 10, 2020, after more than three weeks had passed and Plaintiff had not responded to 5 the Court’s notification, the Court ordered Plaintiff to show cause, no later than August 24, 6 2020, why the action should not be dismissed for failure to pay the filing fee or obtain 7 authorization to proceed without prepayment of the fee. (Dkt. No. 6.) 8 9 More than two months have now passed since the Court issued its July 10, 2020 10 notification, and three weeks have passed since Plaintiff’s August 24, 2020 deadline for paying 11 the filing fee or filing a request to proceed without prepayment of the fee. To date, Plaintiff 12 has neither paid the filing fee nor requested to proceed in forma pauperis. In light of the 13 foregoing, IT IS HEREBY ORDERED AND ADJUDGED that this action is DISMISSED. 14 15 DATED: September 15, 2020 16 ________________________________ JOHN F. WALTER UNITED STATES DISTRICT JUDGE 17 18 19 20 Presented by: 21 22 23 24 KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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