Pinholster v. Wong et al

Filing 6

ORDER by Judge Saundra Brown Armstrong DISMISSING WITH LEAVE TO AMEND 1 Complaint. Plaintiff to file Amended Complaint within (30) thirty-days of this Order. Signed by Judge Saundra Brown Armstrong, on 10/26/09. (lrc, COURT STAFF) (Filed on 10/28/2009) Modified on 10/29/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Scott Pinholster, a state prisoner currently incarcerated at San Quentin State Prison (SQSP), has filed the present pro se civil rights action pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights while incarcerated at SQSP. His motion for leave to proceed in forma pauperis has been granted. Venue is proper in this district because the events giving rise to the action occurred at SQSP, which is located in this district. See 28 U.S.C. § 1371(b). Plaintiff did not use the Court's civil rights complaint form when he filed this action. His complaint is thirty-two hand-written, single-spaced pages. There is no spacing to indicate where new paragraphs begin. "The Federal Rules require that averments 'be simple, concise, and direct.'" McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996). Excessively lengthy complaints such as the one Plaintiff has filed in this case impose unfair burdens on litigants and judges and fail to perform the essential functions of a complaint. Cf. id. at 1179-80. Accordingly, Plaintiff's complaint is DISMISSED with leave to amend in order to give Plaintiff the opportunity to file a simple, concise and direct complaint which states clearly and succinctly each claim he seeks to bring in federal court and explains how each claim was exhausted in the state courts. The Court also notes that Plaintiff has provided no details supporting his allegation that he "has fully exhausted all levels of available inmate appeals, [and] all levels were denied." (Compl. at 29.) The Court notes that the civil rights complaint form prompts plaintiffs to provide such details; therefore, Plaintiff should do so in his amended complaint. v. R. S. WONG, et al., Defendants. / SCOTT PINHOLSTER, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-1744 SBA (PR) ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 form. IT IS SO ORDERED. DATED: 10/26/09` 1.

CONCLUSION Plaintiff's complaint is DISMISSED with leave to amend. The amended pleading

must be in the Court's civil rights complaint form and must include the caption and civil case number used in this Order -- No. C 09-1744 SBA (PR) -- and the words AMENDED COMPLAINT on the first page. Failure to file a proper amended complaint within thirty (30) days of this Order will result in the dismissal of this action. 2. The Clerk of the Court shall provide Plaintiff with a blank civil rights complaint

SAUNDRA BROWN ARMSTRONG United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SCOTT PINHOLSTER, Plaintiff, v. R S WONG et al, Defendant. /

Case Number: CV09-01744 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 28, 2009, I SERVED a true and correct copy(ies) of the attached, by 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 inter-office delivery receptacle located in the Clerk's office.

Scott Pinholster #C87601 San Quentin State Prison San Quentin, CA 94974 Dated: October 28, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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