Butler v. People of the State of California

Filing 8

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/23/11 ORDERING that the complaint is STRICKEN; plaintiff is granted 28 days from the date of service of this order to file an amended complaint; Clerk of the Court is directed to send plaintiff the courts form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARNOLD D. BUTLER,

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Plaintiff,

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No. CIV S-11-1052 GGH P

vs.

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PEOPLE OF THE STATE OF
CALIFORNIA,

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Defendants.
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ORDER
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Plaintiff, an inmate of Butte County Jail, has purported to file a civil rights

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complaint. Plaintiff has consented to the jurisdiction of the undersigned. See Docket # 5. By

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Order, filed on April 29, 2011, was directed to file a properly completed and adequately

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supported in forma pauperis affidavit. On May 5, 2011, plaintiff returned a form which again

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was not properly completed, asserting that jail officials would not or could not assist him. In any

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case, the court will not rule on plaintiff’s in forma pauperis request at this time, but the

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documentation plaintiff has submitted indicates that he has $945.39 in his jail account. Should

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plaintiff seek to proceed in this case without further documentation to support his request to

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proceed in forma pauperis, his request for in forma pauperis status will likely be denied in light

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of his apparent sufficiency of funds to pay the $350.00 filing fee.

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Plaintiff’s complaint is woefully deficient. He attaches a one-sheet form

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complaint (not from this district) and a civil case cover sheet to a single page on which he has

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written the following:

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1.
2.
3.
4.

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Ineffective assistance of counsel
Deprived the right by the courts to file my claim violation of due process
Violation of Constitution [sic] right
Officers or Paritys [sic] under color of authority
clothing under color

Complaint, p. 2.

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This constitutes the whole of the filing; while the civil cover sheet is signed, the

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document representing the complaint is not, which is a requirement of Fed. R. Civ. P. 11(a). In

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order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal

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Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an

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application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a).

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In addition, Fed. R. Civ. P 8 sets forth general rules of pleading in the federal courts. Complaints

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are required to set a forth (1) the grounds upon which the court’s jurisdiction rests, (2) a short and

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plain statement of the claim showing entitlement to relief; and (3) a demand for the relief

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plaintiff seeks. The complaint meets none of these requirements. Rule 8 requires “sufficient

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allegations to put defendants fairly on notice of the claims against them.” McKeever v. Block,

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932 F.2d 795, 798 (9th Cir. 1991)). Accord Richmond v. Nationwide Cassel L.P., 52 F.3d 640,

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645 (7th Cir. 1995) (amended complaint with vague and scanty allegations fails to satisfy the

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notice requirement of Rule 8.). The defective complaint must be stricken, pursuant to Fed. R.

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Civ. P. 11(a), but plaintiff will be granted leave to file an amended complaint within twenty-eight

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days. Plaintiff will be provided another opportunity to request leave to proceed in forma pauperis

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or to submit the appropriate filing fee.

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If leave to file in forma pauperis is granted, plaintiff will still be required to pay the
filing fee but will be allowed to pay it in installments.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s unsigned and otherwise defective complaint is stricken, pursuant to

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Fed. R. Civ. P. 11(a);

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2. Plaintiff is granted twenty-eight days from the date of service of this order to

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file an amended complaint that complies with the requirements of the Civil Rights Act, the

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Federal Rules of Civil Procedure, and the Local Rules of Practice; the amended complaint must

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bear the docket number assigned this case; plaintiff must file an original and two copies of the

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amended complaint. Plaintiff shall also submit, within twenty-eight days from the date of this

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order, the application to proceed in forma pauperis on the form provided by the Clerk of Court,

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or the filing fee in the amount of $350.00. Plaintiff’s failure to comply with this order will result

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in a recommendation that this matter be dismissed; and

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3. The Clerk of the Court is directed to send plaintiff the court’s form for filing a

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civil rights action, and the application to proceed in forma pauperis by a prisoner.

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DATED: May 23, 2011

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:009
butl1052.noc

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