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Herrera v. Convalecer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Apr 4, 2014
Case No. 1:13-cv-01554-AWI-SKO (PC) (E.D. Cal. Apr. 4, 2014)

Opinion

Case No. 1:13-cv-01554-AWI-SKO (PC)

04-04-2014

ROBERTO HERRERA, Plaintiff, v. J. CONVALECER, et al., Defendants.


ORDER DISMISSING AMENDED COMPLAINT AND REQUIRING PLAINTIFF TO FILE LEGIBLE SECOND AMENDED COMPLAINT WITHIN THIRTY DAYS (Doc. 8)

Plaintiff Roberto Herrera, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 26, 2013. On October 10, 2013, Plaintiff filed an amended complaint as a matter of right. Fed. R. Civ. P. 15(a).

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief. . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice," Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).

In addition, Local Rule 130(b) requires that filings be clearly legible. Plaintiff's amended complaint falls short of the requisite legibility. Plaintiff appears to be articulate and the issue lies with penmanship rather than with literacy. The Court notes that some of Plaintiff's filings in other cases are noticeably more legible, including Plaintiff's objection filed on January 7, 2013, in case number 1:12-cv-00982-AWI-MJS Herrera v. Nareddy.

The Court will provide Plaintiff with a complaint form. Plaintiff is required to file a legible second amended complaint. Plaintiff's letter and word formation must be legible, and Plaintiff must use adequate spacing between words.

Based on the foregoing, it is HEREBY ORDERED that:

1. The Clerk's Office shall send Plaintiff a complaint form;

2. Within thirty (30) days from the date of service of this order, Plaintiff shall file a legible second amended complaint not to exceed twenty-five pages; and

3. The failure to comply with this order will result in dismissal of this action, without prejudice, for failure to obey a court order. IT IS SO ORDERED.

Dated: April 4, 2014

/s/ Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE


Summaries of

Herrera v. Convalecer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Apr 4, 2014
Case No. 1:13-cv-01554-AWI-SKO (PC) (E.D. Cal. Apr. 4, 2014)
Case details for

Herrera v. Convalecer

Case Details

Full title:ROBERTO HERRERA, Plaintiff, v. J. CONVALECER, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Apr 4, 2014

Citations

Case No. 1:13-cv-01554-AWI-SKO (PC) (E.D. Cal. Apr. 4, 2014)