Bolton v. City of Berkeley et al

Filing 10

ORDER dismissing 1 Complaint with leave to amend. First Amended Complaint is due by 8/4/2017. Signed by Judge Kandis A. Westmore on 7/5/2017. (kawlc1, COURT STAFF) (Filed on 7/5/2017) (Additional attachment(s) added on 7/5/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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A. BOLTON,
Plaintiff,

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Case No.4:17-cv-01387-KAW

v.

ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND
Re: Dkt. No. 1

CITY OF BERKELEY, et al.,
Defendants.

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United States District Court
Northern District of California

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The Court has received Plaintiff's complaint and application to proceed in forma pauperis,

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both filed in this Court on March 14, 2017. The Court may authorize a plaintiff to file an action in

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federal court without prepayment of fees or security if the plaintiff submits an affidavit showing

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that he or she is unable to pay such fees or give security therefor. 28 U.S.C. § 1915(a). The

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undersigned previously granted Plaintiff’s IFP application, but declined to issue the summons at

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that time. The in forma pauperis statute provides that the Court shall dismiss the case if at any

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time the Court determines that the allegation of poverty is untrue, or that the action (1) is frivolous

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or malicious, (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief

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against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

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It is impossible to discern from plaintiff's complaint any of the essential details of the

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events that triggered plaintiff's lawsuit, or the legal theories under which he seeks relief. Plaintiff

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has failed to set forth "a short and plain statement of the claim showing that the pleader is entitled

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to relief" as required by Rule 8 of the Federal Rules of Civil Procedure. Plaintiff is advised that he

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must include his full name in the complaint, because the defendants have a right to know who is

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suing them. He must also clearly include facts that pertain to each cause of action rather than

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incorporate preceding paragraphs by reference. Plaintiff is further advised that civil rights actions

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have a two-year statute of limitations, so any incidents that occurred before 2015 are most likely

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time-barred. Plaintiff must also allege that he has complied with administrative claims

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requirements pertaining to his state law causes of action. These claims cannot be pursued without

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having exhausted his administrative remedies.

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Accordingly, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court hereby

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dismisses plaintiff's complaint with leave to amend. Plaintiff shall file a first amended complaint

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no later than August 4, 2017 or the case may be dismissed with prejudice.

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In amending his complaint, Plaintiff may wish to contact the Federal Pro Bono Project’s

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Help Desk for assistance—a free service for pro se litigants—by calling [phone]. Plaintiff

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may also wish to consult a manual the court has adopted to assist pro se litigants in presenting

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their case. This manual, and other free information for pro se litigants, is available online at:

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United States District Court
Northern District of California

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http://cand.uscourts.gov/proselitigants.
IT IS SO ORDERED.
Dated: July 5, 2017
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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