Wattson v. City Attorney of Coral Gables

Filing 4

ORDER ON 3 MOTION for Leave to Proceed in forma pauperis. Signed by Judge JEFFREY S. WHITE on 3/28/14. (jjoS, COURT STAFF) (Filed on 3/28/2014)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 CYBER EBOT WATTSON, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 14-01366 JSW v. CITYATTORNEYOFCORALGABLES.COM, ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS Defendant. / 14 15 On March 25, 2013, Plaintiff Cyber Ebot Wattson (“Plaintiff”) filed a complaint and a 16 motion to proceed in forma pauperis. Courts must deny an in forma pauperis application under 17 certain circumstances, including when the underlying complaint sought to be filed is frivolous 18 or when it fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2). 19 In contravention of Federal Rule of Civil Procedure 8(a), Plaintiff has failed to file a 20 pleading setting forth the grounds upon which this Court has jurisdiction, “a short and plain 21 statement of the claim showing that the pleader is entitled to relief, ... and a demand for 22 judgment for the relief the pleader seeks.” It is not clear to the Court who Plaintiff is seeking to 23 sue, what claims Plaintiff seeks to bring, or what facts Plaintiff alleges occurred. Therefore, it 24 is not clear to the Court on what basis Plaintiff contends that this Court has subject matter 25 jurisdiction over any claims he make seek to assert. 26 Accordingly, Plaintiff’s application to proceed in forma pauperis is HEREBY DENIED 27 and the Complaint is DISMISSED WITH LEAVE TO AMEND. If Plaintiff wishes to pursue 28 this action, he must file an amended complaint setting forth a cognizable legal claim and some 1 factual basis to support a claim with federal jurisdiction by April 25, 2014. Plaintiff may file a 2 renewed application to proceed in forma pauperis upon filing an amended complaint. Failure to 3 file timely an amended complaint shall result in dismissal of this action without prejudice. 4 The Court advises Plaintiff that a Handbook for Pro Se Litigants, which contains helpful 5 information about proceeding without an attorney, is available through the Court’s website or in 6 the Clerk’s office. The Court also advises Plaintiff that he also may wish to seek assistance 7 from the Legal Help Center. Plaintiff may call the Legal Help Center at 415-782-8982 or sign 8 up on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney 9 who may be able to provide basic legal help, but not legal representation. IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 Dated: March 28, 2014 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 CYBER EBOT WATTSON, Case Number: CV14-01366 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 CITYATTORNEYCORALGABLES.COM 9 et al, Defendant. / 11 For the Northern District of California United States District Court 10 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. 13 That on March 28, 2014, I SERVED a true and correct copy(ies) of the attached, by placing 14 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 inter-office 15 delivery receptacle located in the Clerk's office. 16 17 Cyber Ebot Wattson 18 148 Dempsey Way Rodeo, CA 94572 19 Dated: March 28, 2014 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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