Hernandez v. Six Unknown Names Agents Or Mr. President Of The United States Barack Obama

Filing 2

ORDER Striking Complaint 1 and Requiring Plaintiff to File Signed Complaint Form and Either File Application to Proceed in Forma Pauperis or Pay Filing Fee Within Fourteen Days, signed by Magistrate Judge Michael J. Seng on 4/9/12. (Attachments: # 1 Bivens Complaint form, # 2 IFP form) (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO VARGAS HERNANDEZ,

CASE NO. 1:12-cv-00497-AWI-MJS (PC)

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Plaintiff,
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ORDER STRIKING COMPLAINT AND
REQUIRING PLAINTIFF TO FILE SIGNED
COMPLAINT FORM AND EITHER FILE
SIX UNKNOWN NAMES AGENTS, et al., APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN
Defendants.
FOURTEEN DAYS
v.

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(ECF No. 1)
/

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On April 2, 2012, Plaintiff Alejandro Vargas Hernandez (“Plaintiff”) filed what was
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construed as a civil rights complaint pursuant to Bivens v. Six Unknown Named Agents of
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Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation
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of civil rights by federal actors. (Compl., ECF No. 1.)
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The Complaint is unsigned.
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The Court cannot consider unsigned filings.

Fed. R. Civ. P. 11(a) (“[e]very

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pleading...must be signed...by a party personally if the party is unrepresented”).
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Accordingly, this Complaint shall be stricken from the record. Plaintiff will be given
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fourteen days to file a signed complaint that complies with Federal Rule of Civil Procedure
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8(a).1

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A com plaint m ust contain “a short and plain statem ent 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 elem ents of a cause of action, supported by m ere conclusory statem ents, do
not suffice.” Ashcroft v. Iqbal, ___ U.S. ___, ___, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp.
v. Twom bly, 550 U.S. 544, 555, 127 S. Ct. 1955, 1964-65 (2007)). W hile a plaintiff’s allegations are taken

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Additionally, a civil action may not proceed witout the submission of either the filing

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fee or the grant of in forma pauperis status. 28 U.S.C. §§ 1914, 1915. Plaintiff therefore

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shall also file a motion seeking leave to proceed in forma pauperis or pay the $350.00 filing

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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 proceed in forma pauperis;

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3.

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Within fourteen (14) days from the date of service of this order, Plaintiff must

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file a signed complaint and either file a motion seeking leave to proceed in

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forma pauperis or pay the $350.00 filing fee for this action; and
4.

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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:
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April 9, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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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 m arks and citation om itted). To state a viable claim for
relief, Plaintiff m ust 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 m ere possibility of
m isconduct falls short of m eeting this plausibility standard. Id.

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