Page v. Microsoft Corporation et al

Filing 3

ORDER by Magistrate Judge Kevin R. Sweazea to Cure Defects. (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
WILFRED ALEXANDER PAGE, et al.,
Plaintiffs,
v.

No. 1:19-cv-01081-KRS

MICROSOFT CORPORATION,
GOOGLE LLC, et al.,
Defendants.
ORDER TO CURE DEFICIENCY AND
GRANTING LEAVE TO FILE AMENDED COMPLAINT
THIS MATTER comes before the Court on Plaintiff's Complaint and Request for
Injunction, Doc. 1, filed November 20, 2019.
Plaintiff has not paid the $400.00 fee 1 for instituting a civil action or filed an “Application
to Proceed in District Court Without Prepaying Fees or Costs (Long Form).” Plaintiff shall have
twenty-one (21) days from entry of this Order to either pay the $400.00 fee or file an “Application
to Proceed in District Court Without Prepaying Fees or Costs (Long Form).” Failure to timely
pay the fee or file an “Application to Proceed in District Court Without Prepaying Fees or Costs
(Long Form)” may result in dismissal of this case without prejudice. Any papers that Plaintiff
files in response to this order must include the civil cause number (No. 1:19-cv-01081-KRS) of
this case.
Plaintiff asserts claims of “theft,” account “hack[ing],” “extortion, domestic terrorism, and
espionage,” which occurred from “July 25, 2017 - November 16, 2019,” against Microsoft
Corporation, Google LLC, and their employees. Compl., at 2-5. Plaintiff alleges that “Illegal

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The fee for instituting any civil action, suit or proceeding is comprised of a $350.00 filing fee,
see 28 U.S.C. §1914, and a $50.00 administrative fee.

Theft and code pushed out by developers and programmers to my self The Lead Developer Wilfred
Alexander Page in an attemp to Steal my Trusted Security Certificates that allow me to act on
behalf of the Microsoft Corp. and the Google LLC Corp.” Compl., at 3 (misspellings in the
original). Plaintiff states he is “asking that an investigation be done and all employees['] actions
looked into and proper charges are pressed on behalf of Myself Wilfred Alexander Page C/O Bill
Gates and Pichai Sundararajan respective persons and CEO.” Compl., at 5.
The Complaint fails to state a claim against the Defendants. A complaint must “give the
defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Bell Atlantic
Corp. v. Twombly, 550 U.S. 544, 555 (2007). The Complaint must “make clear exactly who is
alleged to have done what to whom, to provide each individual with fair notice.” Robbins v.
Oklahoma, 519 F.3d 1242, 1249-50 (10th Cir. 2008) (emphasis in original). The Defendants
would not know what wrongdoing he or she is alleged to have committed based on Plaintiff's vague
allegations against unnamed individuals regarding events on unspecified dates during the period
from “July 25, 2017 - November 16, 2019.” See Nasious v. Two Unknown B.I.C.E. Agents, at
Arapahoe County Justice Center, 492 F.3d 1158, 1163 (10th Cir. 2007) (“[T]o state a claim in
federal court, a complaint must explain what each defendant did to him or her; when the defendant
did it; how the defendant’s action harmed him or her; and, what specific legal right the plaintiff
believes the defendant violated.”).
The Court notifies Plaintiff that the Complaint may be dismissed for failure to state a claim
and gives Plaintiff an opportunity to amend the complaint or otherwise respond. Plaintiff shall
have within twenty-one (21) days of entry of this Order to file an amended complaint that states a
claim upon which relief can be granted or show cause why the Court should not dismiss this case
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for failure to state a claim. Failure to timely file such an amended complaint or show cause may
result in dismissal of this case.
IT IS ORDERED that:
(i)

Within twenty-one (21) days of entry of this Order, Plaintiff shall either pay the
$400.00 fee or file an “Application to Proceed in District Court Without Prepaying
Fees or Costs (Long Form).”

(ii)

the Clerk shall mail to Plaintiff, together with a copy of this Order, an “Application
to Proceed in District Court Without Prepaying Fees or Costs (Long Form).”

(iii)

Plaintiff may, within twenty-one (21) days of entry of this order, file an amended
complaint which states a claim or show cause why this case should not be dismissed
for failure to state a claim. Failure to timely file an amended complaint that states
a claim upon which relief can be granted or to show cause may result in dismissal
of this case.

_____________________________________
UNITED STATES MAGISTRATE JUDGE

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