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).
1
2
UNITED STATES DISTRICT COURT
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
CHARLES W. LOGAN,
Plaintiff,
6
7
8
9
v.
Case No.4:17-cv-03031-KAW
ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND
Re: Dkt. No. 1
STATE FARM,
Defendant.
10
United States District Court
Northern District of California
11
The Court has received Plaintiff Charles W. Logan's complaint and application to proceed
12
in forma pauperis (“IFP”), both filed in this Court on May 25, 2017. The Court may authorize a
13
plaintiff to file an action in federal court without prepayment of fees or security if the plaintiff
14
submits an affidavit showing that he or she is unable to pay such fees or give security therefor. 28
15
U.S.C. § 1915(a). On June 22, 2017, the Court granted Plaintiff’s request to proceed IFP, but
16
decided that the issuance of summons and service would be determined separately.
17
The in forma pauperis statute provides that the Court shall dismiss the case if at any time
18
the Court determines that the allegation of poverty is untrue, or that the action (1) is frivolous or
19
malicious, (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief
20
against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).
21
It is impossible to discern from Plaintiff's complaint any of the essential details of the
22
events that triggered Plaintiff's lawsuit, or the legal theories under which he seeks relief.
23
Moreover, it is unclear how the district court has jurisdiction over the subject matter. Thus,
24
Plaintiff has failed to set forth "a short and plain statement of the claim showing that the pleader is
25
entitled to relief" as required by Rule 8 of the Federal Rules of Civil Procedure.
26
Accordingly, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court hereby
27
dismisses Plaintiff's complaint with leave to amend. Plaintiff shall file the first amended
28
complaint no later than August 14, 2017 or the case may be dismissed with prejudice.
1
Additionally, the Case management conference noticed for August 29, 2017 is continued to
2
October 17, 2017 at 1:30 p.m. at 1301 Clay Street, Oakland, California. The case management
3
conference statement is due by October 10, 2017.
4
In amending his complaint, Plaintiff may wish to contact the Federal Pro Bono Project’s
5
Help Desk for assistance—a free service for pro se litigants—by calling (415) 782-8982 to make
6
an appointment. Plaintiff may also wish to consult a manual the court has adopted to assist pro se
7
litigants in presenting their case. This manual, and other free information for pro se litigants, is
8
available online at: http://cand.uscourts.gov/proselitigants.
9
10
United States District Court
Northern District of California
11
12
IT IS SO ORDERED.
Dated: July 27, 2017
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?