Alcantara 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 signed by Magistrate Judge Gary S. Austin on 12/06/2013. Amended Complaint due by 1/9/2014, Motion for IFP due by 1/9/2014. (Attachments: # 1 Bivens Form, # 2 IFP Application)(Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE A. ALCANTARA, 12 Case No. 1:13-cv-01955-AWI-GSA PC Plaintiff, 13 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 v. 14 SIX UNKNOWN NAMES AGENTS, et al., 15 Defendants. 16 (Doc. 1) _____________________________________/ 17 18 On December 2, 2013, a civil complaint bearing the name of Jose A. Alcantara 19 (“Plaintiff”) was received and filed.1 The complaint is unsigned and it sets forth no intelligible 20 claims for relief. The Court cannot consider unsigned filings and therefore, the complaint shall be 21 stricken from the record. Plaintiff has thirty days to file a signed complaint that complies with 22 Federal Rule of Civil Procedure 8(a).2 Plaintiff must also either file a motion seeking leave to 23 proceed in forma pauperis or pay the $400.00 filing fee in full. 24 1 The complaint arrived in an envelope bearing the name of Young Yil Jo, who is also at the Etowah County Jail. Mr. 25 Jo’s abusive litigation tactics are well known in this district, and based on Mr. Jo’s filing history and the lack of a 26 27 28 signature on the complaint, the Court cannot determine whether or not Mr. Alcantara 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, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The 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 4 to proceed in forma pauperis; 5 3. Within thirty (30) days from the date of service of this order, Plaintiff must file a 6 signed complaint and either file a motion seeking leave to proceed in forma pauperis or pay the 7 $400.00 filing 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: 13 December 6, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 14 15 DEAC_Signature-END: 6i0kij8d 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 2

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