Barraza v. Six Unknown Agents or Mr President of the United States Barack Obama

Filing 2

ORDER Striking Complaint And Requiring Plaintiff To File Signed Complaint And Either File Application To Proceed In Forma Pauperis Or Pay Filing Fee Within Thirty Days (ECF No. 1 ), signed by Magistrate Judge Michael J. Seng on 12/1/2013.(Case Management Deadline: 1/6/2014, Motion for IFP due by 1/6/2014) (Attachments: # 1 Bivens Complaint Form)(Fahrney, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
CRESENCIO BARRAZA,

10

Case No. 1:13-cv-01924-AWI-MJS PC
PCPC)

Plaintiff,

11
v.

12

SIX UNKNOWN AGENTS, et al.,

13

Defendants.

14
15

ORDER STRIKING COMPLAINT AND
REQUIRING PLAINTIFF TO FILE
SIGNED COMPLAINT AND EITHER
FILE APPLICATION TO PROCEED IN
FORMA PAUPERIS OR PAY FILING
FEE WITHIN THIRTY DAYS

_____________________________________/ (ECF No. 1)

16
On November 25, 2013, a civil complaint bearing the name of Cresencio Barraza

17

1
18 (“Plaintiff”) was received and filed. The complaint is unsigned and it sets forth no

19 intelligible claim for relief. The Court can not consider unsigned filings and therefore, the
20 complaint shall be stricken from the record. Plaintiff has thirty days to file a signed
2
21 complaint that complies with Federal Rule of Civil Procedure 8(a). Plaintiff must also

22
23
24
25
26
27
28

1

The complaint arrived in an envelope with six other complaints, all with different plaintiffs. The envelope
bore the name of Young Yil Jo, who is also at the Etowah County Jail. Mr. Jo’s abusive litigation tactics are
well known in this district. Based on Mr. Jo’s filing history and the lack of a signature on the complaint, the
Court can not determine whether or not Mr. Barraza authorized the filing of this action.
2
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 (2009), citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (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). 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; 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; Moss, 572 F.3d at 969.

1 either file a motion seeking leave to proceed in forma pauperis or pay the $400.00 filing
2 fee in full.
3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

The complaint is stricken from the record for lack of signature,

5

2.

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

6
7

application to proceed in forma pauperis,
3.

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

8

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

9

forma pauperis or pay the $400.00 filing fee for this action, and

10

4.

11

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

12
13
14
15
16

IT IS SO ORDERED.
Dated:

17

December 1, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

18

Michael J. Seng

ci4d6

19
20
21
22
23
24
25
26
27
28
2