Back v. American Red Cross et al

Filing 23

ORDER dismissing with leave to amend 1 Complaint filed by Faye Back. Amended Pleadings due by 10/4/2017. Initial Case Management Conference continued to 12/19/2017 01:30 PM. Case Management Statement due by 12/12/2017. Signed by Judge Kandis A. Westmore on 9/13/2017. (kawlc1, COURT STAFF) (Filed on 9/13/2017)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

FAYE BACK,
Plaintiff,

6
7
8
9

Case No.4:17-cv-02225-KAW

v.
AMERICAN RED CROSS, et al.,
Defendants.

ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND; ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE TO 12/19/17
Re: Dkt. No. 1

10

United States District Court
Northern District of California

11

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

12

both filed in this Court on April 20, 2017. The Court may authorize a plaintiff to file an action in

13

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

14

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

15

forma pauperis statute also provides that the Court shall dismiss the case if at any time the Court

16

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

17

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

18

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

19

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

20

events that triggered her lawsuit, or the legal theories under which she seeks relief. Plaintiff has

21

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

22

relief" as required by Rule 8 of the Federal Rules of Civil Procedure. Furthermore, Plaintiff has

23

named parties as defendants who do not appear in the caption and vice versa.

24

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

25

dismisses Plaintiff's complaint with leave to amend. Plaintiff shall file an amended complaint no

26

later than October 4, 2017 or the case may be dismissed with prejudice.

27
28

In amending her complaint, Plaintiff may wish to contact the Federal Pro Bono Project’s
Help Desk for assistance—a free service for pro se litigants—by calling [phone]. Plaintiff

1

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

2

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

3

http://cand.uscourts.gov/proselitigants.

4

Additionally, the case management conference set for October 3, 2017 is continued to

5

December 19, 2017 at 1:30 p.m. at 1301 Clay Street, Oakland, California. Case management

6

statements are due on or before December 12, 2017.

7
8
9
10

IT IS SO ORDERED.
Dated: September 13, 2017
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2