Mahdavi v. Federal Bureau of Investigation Director et al

Filing 3

ORDER Granting 2 Motion to Proceed in forma pauperis; Dismissing case for failure to state a claim. The Court Grants Plaintiff leave to file a First Amended Complaint. If Plaintiff chooses to file a First Amended Complaint, he must do so on or before January 20, 2012. Failure to do so will result in the closing of this case. Signed by Judge Barry Ted Moskowitz on 12/15/11. (All non-registered users served via U.S. Mail Service)(ecs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KAMAL B. MAHDAVI,

Case No. 11cv2849 BTM(WMc)
Plaintiff,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS;
DISMISSING CASE FOR FAILURE
TO STATE A CLAIM

v.
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THE DIRECTOR OF THE FEDERAL
BUREAU OF INVESTIGATION, et al.

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Defendants.

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On December 7, 2011, Plaintiff filed a Complaint and a Motion to Proceed In Forma

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Pauperis (“IFP”). For the reasons discussed below, the IFP Motion is granted, and the

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Complaint is dismissed for failure to state a claim.

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DISCUSSION

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I. Motion to Proceed IFP

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Upon review of Plaintiff’s affidavit in support of her IFP Motion, the Court finds that

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Plaintiff has made a sufficient showing of inability to pay the filing fee required to prosecute

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this action. Accordingly, Plaintiff’s IFP Motion is GRANTED.

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II. Failure to State a Claim
Although the Court will allow Plaintiff to proceed IFP, Plaintiff’s Complaint must be
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11cv2849 BTM(WMc)

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dismissed for failure to state a claim. The Court is under a continuing duty to dismiss an IFP

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case whenever the Court determines that the action “fails to state a claim on which relief may

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be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).

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Plaintiff has named eighty defendants, including governmental agencies, judges,

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police, hospitals, hotels, banks, grocery stores, libraries, and universities. His 62-page

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complaint is a rambling account of various acts of malfeasance and conspiracies. Plaintiff

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has failed to meet the pleading standards set forth in Fed. R. Civ. P. 8 and has failed to

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allege facts supporting a plausible claim for relief.

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DISMISSED.

Therefore, Plaintiff’s Complaint is

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CONCLUSION

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For the reasons discussed above, Plaintiff’s motion to proceed in forma pauperis is

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GRANTED, and Plaintiff’s Complaint is DISMISSED for failure to state a claim. The Court

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GRANTS Plaintiff leave to file a First Amended Complaint. If Plaintiff chooses to file a First

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Amended Complaint, he must do so on or before January 20, 2012. Failure to do so will

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result in the closing of this case.

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IT IS SO ORDERED.

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DATED: December 15, 2011
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Honorable Barry Ted Moskowitz
United States District Judge

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11cv2849 BTM(WMc)