Shockley v. Young

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 1/20/16 ORDERING that plaintiff's amended complaint is dismissed with 30 days to file a second amended complaint; The Clerk of the Court is directed to send plaintiff the form for a civil rights complaint brought by a prisoner pursuant to 42 U.S.C. § 1983.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN SHOCKLEY,

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Plaintiff,

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No. 2: 15-cv-2157 KJN P

v.

ORDER

OSCAR YOUNG,

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Defendant.

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Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On October 30, 2015, the undersigned dismissed plaintiff’s

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complaint with leave to amend. (ECF No. 4.)
On November 23, 2015, plaintiff filed a short pleading with the court which he apparently

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intends as his amended complaint. (ECF No. 7.) However, plaintiff’s November 23, 2015

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pleading does not comply with Federal Rule of Civil Procedure 8, which provides that complaints

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must contain a demand for relief. In addition, it is not clear from this document who plaintiff

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intends to name as defendants. Accordingly, plaintiff’s November 23, 2015 pleading is

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dismissed. Plaintiff is granted one final opportunity to file a complaint that complies with Federal

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Rule of Civil Procedure 8. Plaintiff should prepare his second amended complaint on the form

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provided by the court.

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The undersigned dismissed the original complaint because it was not clear whether the

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only defendant named, defendant Young, was a state actor. In order to state a claim under §

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1983, a plaintiff must allege that the defendant was acting under color of state law at the time the

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complained of act was committed. See 42 U.S.C. § 1983; West v. Atkins, 487 U.S. 42, 48

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(1988). In the October 30, 2015 order, the undersigned stated that it was not clear whether

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defendant Young was a private citizen or a state actor. Plaintiff did not clarify this matter in his

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November 23, 2015 pleading. If plaintiff does not clarify whether defendant Young, or any other

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named defendant, is a state actor in the second amended complaint, this action will be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s amended complaint is dismissed with thirty days to file a second amended
complaint;
2. The Clerk of the Court is directed to send plaintiff the form for a civil rights complaint

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brought by a prisoner pursuant to 42 U.S.C. § 1983.

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Dated: January 20, 2016

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Shock2157.ame
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