Sheppard v. Igbinosa et al

Filing 10

ORDER DIRECTING Plaintiff to File Signed Complaint Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 4/2/2012. (Filing Deadline: 5/7/2012.) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LONZO SHEPPARD,

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CASE NO. 1:10-cv-01716 LJO GSA PC
Plaintiff,

ORDER DIRECTING PLAINTIFF TO FILE
SIGNED COMPLAINT WITHIN THIRTY
DAYS

v.
F. IGBINOSA, et al.,

(ECF No. 1)
Defendants.
/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant

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to 28 U.S.C. § 636(b)(1).

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall

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dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a

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claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).

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“Rule 8(a)’s simplified pleading standard applies to all civil actions, with limited

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exceptions,” none of which applies to section 1983 actions. Swierkiewicz v. Sorema N. A., 534 U.S.
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506, 512 (2002); Fed. R. Civ. P. 8(a). Pursuant to Rule 8(a), a complaint must contain “a short and

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plain statement of the claim showing that the pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a).

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“Such a statement must simply give the defendant fair notice of what the plaintiff’s claim is and the

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grounds upon which it rests.” Swierkiewicz, 534 U.S. at 512. However, “the liberal pleading

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standard . . . applies only to a plaintiff’s factual allegations.” Neitze v. Williams, 490 U.S. 319, 330

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n.9 (1989). “[A] liberal interpretation of a civil rights complaint may not supply essential elements

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of the claim that were not initially pled.” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 1257

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(9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).

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Plaintiff, an inmate in the custody of the California Department of Corrections and

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Rehabilitation at Pleasant Valley State Prison, brings this civil rights action against the following

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officials: J. Yates, Warden at Pleasant Valley; F. Igbinosa, Chief Medical Officer at Pleasant Valley;

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Maria Kozol, health care provider at Pleasant Valley; Dr. Green, M.D., a physician at Pleasant

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Valley; R. Bond, a nurse at Pleasant Valley; Christopher Smith, a physician at Mule Creek State

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Prison. Plaintiff claims that defendants were deliberately indifferent to his serious medical needs.

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Plaintiff specifically alleges that defendants have refused to allow him to have needed hernia surgery.

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A review of the complaint reveals that Plaintiff has failed to sign the complaint. Plaintiff’s

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complaint must include the original signature of Plaintiff, appearing pro se. Federal Rule of Civil

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Procedure 11, Local Rule 131(b). The complaint should therefore be dismissed. The Court will

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grant Plaintiff thirty days in which to file a signed complaint. Plaintiff’s failure to do so will result

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in dismissal of this action pursuant to Rule 11.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff shall submit, within thirty days of the

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date of service of this order, a signed complaint, in compliance with Local Rule 131(b) and Federal

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Rule of Civil Procedure 131(b). Plaintiff’s failure to comply with this order will result in dismissal

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of this action.

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IT IS SO ORDERED.
Dated:

April 2, 2012

/s/ Gary S. Austin
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6i0kij

UNITED STATES MAGISTRATE JUDGE

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