McGee v. McDonald

Filing 5

ORDER DISMISSING 1 COMPLAINT WITH LEAVE TO AMEND. Amended Complaint due by 9/16/2016. Signed by Judge James Donato on 8/12/2016. (jdlc1S, COURT STAFF) (Filed on 8/12/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRONE MCGEE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-03843-JD
ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND

v.
ROBERT A. MCDONALD,

Re: Dkt. No. 1

Defendant.
Pro se plaintiff Robert McDonald filed a form complaint in this matter on July 8, 2016,

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along with an application to proceed in forma pauperis. Dkt. Nos. 1, 3. The Court sua sponte

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dismisses the complaint with leave to amend.

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In reviewing an application to proceed in forma pauperis, courts may dismiss a case sua

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sponte if the party applying for in forma pauperis status files a frivolous action, fails to state a

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claim on which relief may be granted, or seeks monetary relief against a defendant who is immune

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from such relief. 28 U.S.C. § 1915(e)(2)(B). To make the determination under 28 U.S.C.

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§ 1915(e)(2)(B), courts assess whether there is an arguable factual and legal basis for the asserted

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wrong, “however inartfully pleaded.” Franklin v. Murphy, 745 F.2d 1221, 1227–28 (9th Cir.

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1984) (internal quote omitted); see also Williams v. Madrid, 609 F. App’x 421 (9th Cir. 2015).

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The complaint is dismissed because McGee has filed a blank form complaint with portions

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of an administrative record attached. It states no claims at all and gives the Court no information

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about the legal or factual basis for the case.

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McGee has until September 16, 2016 to file an amended complaint that complies with the

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Federal Rules of Civil Procedure. McGee may wish to consult a manual the court has adopted to

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assist pro se litigants in presenting their case. This manual, and other free information, is available

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online at: http://cand.uscourts.gov/proselitigants. If McGee fails to file a complaint pursuant to

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Rule 8 by the deadline, the Court will dismiss this action for failure to prosecute. See Fed. R. Civ.

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P. 41(b) (“If the plaintiff fails to prosecute or to comply with these rules or a court order, a

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defendant may move to dismiss the action or any claim against it.”)

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IT IS SO ORDERED.
Dated: August 12, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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