Logan v. State Farm

Filing 9

ORDER dismissing with leave to amend 1 Complaint filed by Charles W. Logan. Amended Pleadings due by 8/14/2017. Initial Case Management Conference is continued to 10/17/2017 at 01:30 PM. Case Management Statement due by 10/10/2017. Signed by Judge Kandis A. Westmore on 7/27/2017. (kawlc1, COURT STAFF) (Filed on 7/27/2017) (Additional attachment(s) added on 7/27/2017: # 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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CHARLES W. LOGAN,
Plaintiff,

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v.

Case No.4:17-cv-03031-KAW
ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND
Re: Dkt. No. 1

STATE FARM,
Defendant.

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United States District Court
Northern District of California

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The Court has received Plaintiff Charles W. Logan's complaint and application to proceed

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in forma pauperis (“IFP”), both filed in this Court on May 25, 2017. The Court may authorize a

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plaintiff to file an action in federal court without prepayment of fees or security if the plaintiff

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submits an affidavit showing that he or she is unable to pay such fees or give security therefor. 28

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U.S.C. § 1915(a). On June 22, 2017, the Court granted Plaintiff’s request to proceed IFP, but

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decided that the issuance of summons and service would be determined separately.

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

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

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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.

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Moreover, it is unclear how the district court has jurisdiction over the subject matter. Thus,

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

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entitled to relief" as required by Rule 8 of the Federal Rules of Civil Procedure.

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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 the first amended

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complaint no later than August 14, 2017 or the case may be dismissed with prejudice.

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Additionally, the Case management conference noticed for August 29, 2017 is continued to

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October 17, 2017 at 1:30 p.m. at 1301 Clay Street, Oakland, California. The case management

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conference statement is due by October 10, 2017.

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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] to make

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an appointment. Plaintiff may also wish to consult a manual the court has adopted to assist pro se

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

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available online at: http://cand.uscourts.gov/proselitigants.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: July 27, 2017
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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