Jo v. Six Unknown Names Agents et al

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 Dennis L. Beck on 11/5/13. Thirty-Day Deadline. (Attachments: # 1 Bivens Complaint Form & Instructions, # 2 IFP Application & Instructions)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YOUNG YIL JO,

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Plaintiff,

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v.

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SIX UNKNOWN AGENTS, et al.,

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Case No. 1:13-cv-01729 LJO DLB 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.

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Plaintiff Young Yil Jo1 is a former federal prisoner currently housed at the Etowah County

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Jail in Gadsden, Alabama.
On October 28, 2013, Plaintiff filed what was construed as a civil rights complaint. The

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

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unsigned filings and the complaint shall be stricken from the record for that reason. Plaintiff has

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thirty days to file a signed complaint that complies with Federal Rule of Civil Procedure 8(a).2

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Plaintiff references another name in the caption, but “Young Yil Jo,” along with his Federal Register Number, appear in
the upper left hand corner of the pleading. The complaint is not signed. Plaintiff often uses other names and fails to sign
his documents filed with this Court.
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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, 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 “are 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.

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Plaintiff must also either file a motion seeking leave to proceed in forma pauperis or pay the
$400.00 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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3.

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

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

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or pay the $400.00 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:

/s/ Dennis

November 5, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

9b0hied

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