P.P.I.C. U.S.A., Inc. v. City Police Department

Filing 4

ORDER signed by Chief Judge Anthony W. Ishii on 2/19/2010 STRIKING 1 Complaint and requiring re-pleading. (Amended Complaint due by 3/15/2010). (Lundstrom, T)

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 Plaintiff filed a complaint in this Court on January 21, 2010. On the same day, Plaintiff 20 sought to proceed in forma pauperis. An order to submit an application or pay a filing fee was 21 issued shortly thereafter. The order gives Plaintiff 45 days in which to respond. The order was 22 returned as undeliverable. The Complaint is 119 pages, handwritten, and is quite simply 23 incomprehensible. It is unknown what Plaintiff is alleging or against whom the allegations are 24 made. Under such circumstances, the Court has the inherent power to sua sponte strike the 25 complaint and order re-pleading. See Byrne v. Nezhat, 261 F.3d 1075, 1133 & n.113 (11th Cir. 26 2001); see also Wagner v. First Horizon Pharm. Corp., 464 F.3d 1273, 1280 (9th Cir. 2006). 27 28 ) ) Plaintiff, ) ) v. ) ) CITY POLICE DEPARTMENT, ) ) Defendant. ) ) ____________________________________) P.P.I.C. U.S.A., Inc., 1:10-CV-106 AWI GSA ORDER STRIKING COMPLAINT AND REQUIRING RE-PLEADING

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Accordingly, IT IS HEREBY ORDERED that the complaint in this matter is STRICKEN and Plaintiff may re-file a new complaint that plainly and clearly identifies the defendants and the claims against the Defendants as contemplated by Federal Rule of Civil Procedure 8 within twenty (20) days of this order. If Plaintiff does not timely re-plead, the Court will close this case.

IT IS SO ORDERED. Dated: 0m8i78 February 19, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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