Wattson v. MemorialHospitalSouthwing.com

Filing 9

ORDER ON MOTION for Leave to Proceed in forma pauperis. Signed by Judge Jeffrey S. White on 4/18/14. (jjoS, COURT STAFF) (Filed on 4/18/2014)

1
2
0

3
4
5

IN THE UNITED STATES DISTRICT COURT

6
7

FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

CYBER EBOT WATTSON,
Plaintiff,

11
For the Northern District of California

United States District Court

10

12

No. C 14-01360 JSW

v.
JACKSONMEMORIALHOSPITALSOUTHW
ING.COM,

ORDER ON MOTION TO
PROCEED IN FORMA PAUPERIS

13
Defendant.
14

/

15
16

On March 25, 2013, Plaintiff Cyber Ebot Wattson (“Plaintiff”) filed a complaint and a

17

motion to proceed in forma pauperis. Courts must deny an in forma pauperis application under

18

certain circumstances, including when the underlying complaint sought to be filed is frivolous

19

or when it fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2).

20

In contravention of Federal Rule of Civil Procedure 8(a), Plaintiff has failed to file a

21

pleading setting forth the grounds upon which this Court has jurisdiction, “a short and plain

22

statement of the claim showing that the pleader is entitled to relief, ... and a demand for

23

judgment for the relief the pleader seeks.” It is not clear to the Court who Plaintiff is seeking to

24

sue, what claims Plaintiff seeks to bring, or what facts Plaintiff alleges occurred. Therefore, it

25

is not clear to the Court on what basis Plaintiff contends that this Court has subject matter

26

jurisdiction over any claims he make seek to assert.

27
28

Accordingly, Plaintiff’s application to proceed in forma pauperis is HEREBY DENIED
and the Complaint is DISMISSED WITH LEAVE TO AMEND. If Plaintiff wishes to pursue

1

this action, he must file an amended complaint setting forth a cognizable legal claim and some

2

factual basis to support a claim with federal jurisdiction by May 16, 2014. Plaintiff may file a

3

renewed application to proceed in forma pauperis upon filing an amended complaint. Failure to

4

file timely an amended complaint shall result in dismissal of this action without prejudice.

5

The Court advises Plaintiff that a Handbook for Pro Se Litigants, which contains helpful

6

information about proceeding without an attorney, is available through the Court’s website or in

7

the Clerk’s office. The Court also advises Plaintiff that he also may wish to seek assistance

8

from the Legal Help Center. Plaintiff may call the Legal Help Center at 415-782-8982 or sign

9

up on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney

11
For the Northern District of California

United States District Court

10

who may be able to provide basic legal help, but not legal representation.
IT IS SO ORDERED.

12
13

Dated: April 18, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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: CV14-01360 JSW

6
Plaintiff,

CERTIFICATE OF SERVICE

7
v.
8
JACKSON MEMORIAL HOSPITAL et al,
9
Defendant.

/

11
For the Northern District of California

United States District Court

10

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on April 18, 2014, 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
14 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.
15
16
17 Cyber Ebot Wattson
P.O. Box 11406
18 Berkeley, CA 94712
19 Dated: April 18, 2014
20
21
22
23
24
25
26
27
28

Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk