Porsch v. Morrison et al

Filing 8

ORDER Disregarding Letter and Granting Plaintiff Thirty Days in Which to FIle an Amended Complaint 7 , signed by Magistrate Judge Stanley A. Boone on 12/26/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TAMMY JOAN PORSCH,

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Plaintiff,

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Case No. 1:13-cv-01795-AWI-SAB
ORDER DISREGARDING LETTER AND
GRANTING PLAINTIFF THIRTY DAYS IN
WHICH TO FILE AN AMENDED COMPLAINT

v.
BETH MORRISON, et al.,

(ECF No. 7)
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Defendants.

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Plaintiff Tammy Joan Porsch, proceeding pro se, filed this civil action on November 6,

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2013. Plaintiff filed a civil complaint coversheet and a letter to the court which the Court

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construed as a complaint. On November 15, 2013, Plaintiff’s complaint was dismissed with leave

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to amend. Plaintiff was informed of the legal standards that apply to her claims and informed that

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to proceed in this action she must file an amended complaint. On December 12, 2013, Plaintiff

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filed a letter to the Court. Plaintiff’s letter is disregarded and Plaintiff shall be granted thirty days

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in which to file an amended complaint that complies with the order issued November 15, 2013.

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As Plaintiff was previously informed, in order to commence a civil action, a plaintiff must

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file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure. Plaintiff’s

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complaint must contain complaint must contain “a short and plain statement of the claim showing

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that the pleader is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are

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not required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

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Plaintiff is given the following guidance in filing an amended complaint. “Each allegation

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must be simple, concise, and direct.” Federal Rule of Civil Procedure 8(d)(1). A party must state

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its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of

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circumstances.” Federal Rule of Civil Procedure 10(b). “[E]ach claim founded on a separate

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transaction or occurrence . . . must be stated in a separate count.” Federal Rule of Civil Procedure

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10(b).

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In her amended complaint, Plaintiff shall state as briefly as possible the facts of her case,

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describing how each defendant is involved. Conclusory allegations are not sufficient to state a

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plausible claim for relief. Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). Plaintiff

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shall separate her claims, so that it is clear what her claims are and who the defendants involved

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are. Further, for each claim, Plaintiff shall clearly and succinctly set forth the facts to state the

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acts or failure to act by each Defendant that led to a knowing violation of Plaintiff’s federal

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rights.

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Plaintiff states that she is “here to begin custody of [her] children.” Plaintiff is advised

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that the federal court’s jurisdiction is limited in nature and its power to issue equitable orders may

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not go beyond what is necessary to correct the underlying constitutional violations which form

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the actual case or controversy. 18 U.S.C. § 3626(a)(1)(A); Summers v. Earth Island Institute, 555

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U.S. 488, 493, 129 S.Ct. 1142, 1149 (2009); Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83,

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103-04, 118 S.Ct. 1003 (1998); City of Los Angeles v. Lyons, 461 U.S. 95, 101, 103 S.Ct. 1660,

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1665 (1983); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). Until such time as

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Plaintiff files a complaint that states a claim, this Court does not have jurisdiction to consider her

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request that her children be returned to her.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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Plaintiff’s letter, filed December 12, 2013, is DISREGARDED;

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2.

Within thirty days from the date of service of this order, Plaintiff shall file an

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amended complaint that complies with the order issued November 14, 2013; and
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3.

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If Plaintiff fails to file an amended complaint that complies with the November 14,
2013 order, this action shall be dismissed.

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IT IS SO ORDERED.
Dated:

December 26, 2013
UNITED STATES MAGISTRATE JUDGE

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