Murphy v. Department of Veterans Affairs

Filing 4

ORDER DENYING 3 MOTION for Leave to Proceed in forma pauperis AND DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Jeffrey S. White on 12/19/11. (jjoS, COURT STAFF) (Filed on 12/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SHANNON O. MURPHY, SR.,

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For the Northern District of California

United States District Court

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No. C 11-06267 JSW

Plaintiff,
v.
DEPARTMENT OF VETERAN AFFAIRS,

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ORDER DENYING
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND
DISMISSING COMPLAINT WITH
LEAVE TO AMEND

Defendant.

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The Court has received Plaintiff’s complaint and application to proceed in forma

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pauperis, both filed in this Court on December 13, 2011. The Court may authorize a plaintiff

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to file an action in federal court without prepayment of fees or security if the plaintiff submits

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an affidavit showing that he or she is unable to pay such fees or give security therefor. 28

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U.S.C. § 1915(a). The in forma pauperis statute also provides that the Court shall dismiss the

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case if at any time the Court determines that the allegation of poverty is untrue, or that the

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action (1) is frivolous or malicious; (2) fails to state a claim on which relief may be granted; or

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(3) seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C.

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§ 1915(e)(2).

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It is impossible to discern from Plaintiff’s complaint many of the essential details of the

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events giving rise to a claim. It is also impossible to discern whether Plaintiff has adequately

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exhausted his administrative remedies before the Veterans Affairs tribunal to receive benefits

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prior to seeking redress before this Court.

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As such, Plaintiff has failed to set forth “a short and plain statement of the claim

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showing that the pleader is entitled to relief” as required by Rule 8 of the Federal Rules of Civil

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Procedure. However, the Court shall afford Plaintiff an opportunity to amend his complaint. If

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Plaintiff chooses to amend, the Court requests that he include information about the application

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for benefits, the denial, if any, and the Veterans Claims process he followed.

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Plaintiff’s application to proceed in forma pauperis is denied without prejudice. If

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Plaintiff chooses to file an amended complaint, he must submit a renewed application to

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proceed in forma pauperis.

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If Plaintiff wishes to pursue this action, he must file an amended complaint by January
6, 2012. Failure to file a cognizable legal claim by this date shall result in dismissal of this

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For the Northern District of California

United States District Court

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action with prejudice. The Court advises Plaintiff that a Handbook for Pro Se Litigants, which

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contains helpful information about proceeding without an attorney, is available through the

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Court’s website or in the Clerk’s office. The Court also advises Plaintiff that additional

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assistance may be available by making an appointment with the Legal Help Center, which is

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located at 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco, California, 94102.

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IT IS SO ORDERED.

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Dated: December 19, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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SHANNON O. MURPHY, SR,

Case Number: CV11-06267 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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DEPARTMENT OF VETERAN AFFAIRS
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Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on December 19, 2011, I SERVED a true and correct copy(ies) of the attached, by
14 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
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Shannon O. Murphy
18 General Delivery
Richmond, CA 94801
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Dated: December 19, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk