Bloch v. Facebook Inc.

Filing 6

ORDER dismissing 1 Complaint, filed by Marilyn Bloch, with leave to amend. Plaintiff shall file a first amended complaint or dismissal by 8/31/2017. Signed by Judge Kandis A. Westmore on 8/7/2017. (kawlc1, COURT STAFF) (Filed on 8/7/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MARILYN BLOCH, Plaintiff, 6 7 8 v. ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND Re: Dkt. No. 1 FACEBOOK INC., Defendant. 9 10 Case No.4:17-cv-03803-KAW The Court has received Plaintiff's complaint and application to proceed in forma pauperis, United States District Court Northern District of California 11 both filed in this Court on July 3, 2017. The Court may authorize a plaintiff to file an action in 12 federal court without prepayment of fees or security if the plaintiff submits an affidavit showing 13 that he or she is unable to pay such fees or give security therefor. 28 U.S.C. § 1915(a). On July 7, 14 2017, the Court granted Plaintiff’s request to proceed IFP, but decided that the issuance of 15 summons and service would be determined separately. 16 The in forma pauperis statute provides that the Court shall dismiss the case if at any time 17 the Court determines that the allegation of poverty is untrue, or that the action (1) is frivolous or 18 malicious, (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief 19 against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). 20 Here, Plaintiff appears to be claiming that Facebook infringed on her copyrights by 21 suspending her Facebook account, and is seeking monetary damages and the restoration of her 22 account. (Compl., Dkt. No. 1 at 3.) Copyright infringement, however, requires an allegation of 23 infringement rather than preventing access to allegedly copyrighted works uploaded via a social 24 media platform, in which user rights are outlined in a Terms of Service Agreement. There is no 25 such allegation here, nor does it appear that, based on the facts described, that such an actionable 26 claim exists. 27 28 Thus, Plaintiff has failed to set forth "a short and plain statement of the claim showing that the pleader is entitled to relief" as required by Rule 8 of the Federal Rules of Civil Procedure. 1 Accordingly, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court hereby dismisses 2 plaintiff's complaint with leave to amend. Plaintiff shall file an amended complaint no later than 3 August 31, 2017 or the case will be dismissed with prejudice. 4 In amending her 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. While the Help Desk will not represent her, a licensed attorney may assist 7 Plaintiff in determining whether she has a viable claim against Facebook. If no viable claim 8 exists, Plaintiff should file a voluntary dismissal in lieu of an amended complaint, also by August 9 31, 2017. Plaintiff may also wish to consult a manual the court has adopted to assist pro se litigants 11 United States District Court Northern District of California 10 in presenting their case. This manual, and other free information for pro se litigants, is available 12 online at: 13 14 15 16 IT IS SO ORDERED. Dated: August 7, 2017 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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