Gonzalez v. Six Unknown Names Agents Or Mr. President Of The United States Barack Obama
Filing
2
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 signed by Magistrate Judge Barbara A. McAuliffe on 07/05/2013. Amended Complaint due by 8/7/2013, Motion for IFP due by 8/7/2013. (Attachments: # 1 Bivens Complaint, # 2 IFP Application)(Flores, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
ISRAEL GONZALEZ,
12
Plaintiff,
13
14
v.
SIX UNKNOWN NAMES AGENTS, et al.,
15
Defendants.
16
17
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 1:13-cv-00993-LJO-BAM 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
(ECF No. 1)
On June 28, 2013, Plaintiff filed what was construed as a civil rights complaint. The complaint
18
19
is not signed and it sets forth no intelligible claims for relief. The Court cannot consider unsigned
20
filings and the complaint shall be stricken from the record for that reason. Plaintiff has thirty days to
21
file a signed complaint that complies with Federal Rule of Civil Procedure 8(a).1 Plaintiff must also
22
either file a motion seeking leave to proceed in forma pauperis or pay the $400.00 filing fee in full.
23
24
25
26
27
28
1
A complaint must contain Aa 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 A[t]hreadbare recitals of the elements of a cause
of action, supported by mere conclusory statements, do not suffice.@ Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937,
1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). While a
plaintiff=s allegations are taken as true, courts Aare not required to indulge unwarranted inferences.@ Doe I v. Wal-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, 556 U.S. at 678, 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. Iqbal, 556 U.S. at 678-79, 129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1.
Plaintiff’s complaint is stricken from the record for lack of signature;
3
2.
The Clerk’s Office shall send Plaintiff a Bivens complaint form and an application to
4
5
proceed in forma pauperis;
3.
Within thirty (30) days from the date of service of this order, Plaintiff must file a signed
6
complaint and either file a motion seeking leave to proceed in forma pauperis or pay the $400.00 filing
7
fee for this action; and
8
4.
The failure to comply with this order will result in dismissal of this action.
9
10
11
12
IT IS SO ORDERED.
Dated:
/s/ Barbara
July 5, 2013
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?