Hernandez v. Six Unknown Names Agents et al

Filing 3

ORDER STRIKING 1 Complaint and REQUIRING Plaintiff to File Signed Complaint Form and either File Application to Proceed In Forma Pauperis or Pay Filing Fee within Thirty Days signed by Magistrate Judge Sheila K. Oberto on 6/9/2011. Signed complaint and Application for IFP/filing fee due by 7/12/2011. (Attachments: # 1 IFP Application, # 2 Bivens Complaint Form)(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO VARGAS HERNANDEZ,

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Plaintiff,

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v.
SIX UNKNOWN NAMES AGENTS, et al.,

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1:11-cv-00928-SKO (PC)
ORDER STRIKING COMPLAINT AND
REQUIRING PLAINTIFF TO FILE SIGNED
COMPLAINT FORM AND EITHER FILE
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN
THIRTY DAYS

Defendants.
(Doc. 1)

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____________________________________/

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On June 6, 2011, Plaintiff filed what was construed as a civil rights complaint. The complaint

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is not signed and it sets forth no intelligible claims for relief. The Court cannot consider unsigned filings

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and the complaint shall be stricken from the record for that reason. Plaintiff has thirty days to file a

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signed complaint that complies with Federal Rule of Civil Procedure 8(a).1 Plaintiff must also either

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file a motion seeking leave to proceed in forma pauperis or pay the $350.00 filing fee in full.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s complaint is stricken from the record for lack of signature;

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2.

The Clerk’s Office shall send Plaintiff a Bivens complaint form and an application to

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proceed in forma pauperis;

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A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.
. . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause
of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, ___ U.S. ___, ___, 129 S.Ct. 1937,
1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). W hile a plaintiff’s
allegations are taken as true, courts “are not required to indulge unwarranted inferences.” Doe I v. W al-Mart Stores, Inc.,
572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). To state a viable claim for relief, Plaintiff
must set forth factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S.
Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility
standard. Id.

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3.

Within thirty (30) days from the date of service of this order, Plaintiff must file a signed

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complaint and either file a motion seeking leave to proceed in forma pauperis or pay the

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$350.00 filing fee for this action; and

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4.

The failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.

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Dated:
i0d3h8

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June 9, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE