Jae June Pak
v.
Six Unknown Names Agents

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIAApr 24, 2012
CASE NO. 1:12-cv-00636-LJO-SKO PC (E.D. Cal. Apr. 24, 2012)

CASE NO. 1:12-cv-00636-LJO-SKO PC

04-24-2012

JAE JUNE PAK, Plaintiff, v. SIX UNKNOWN NAMES AGENTS, et al., Defendants.


ORDER STRIKING COMPLAINT AND

REQUIRING PLAINTIFF TO FILE SIGNED

COMPLAINT FORM AND EITHER FILE

APPLICATION TO PROCEED IN FORMA

PAUPERIS OR PAY FILING FEE WITHIN

THIRTY DAYS


(Doc. 1)

On April 23, 2012, Plaintiff filed what was construed as a civil rights complaint. The complaint is not signed and it sets forth no intelligible claims for relief. The Court cannot consider unsigned filings and the complaint shall be stricken from the record for that reason. Plaintiff has thirty days to file a signed complaint that complies with Federal Rule of Civil Procedure 8(a).Plaintiff must also either file a motion seeking leave to proceed in forma pauperis or pay the $350.00 filing fee in full.

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, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). While a plaintiff's allegations are taken as true, 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). To state a viable claim for relief, Plaintiff must set forth factual allegations sufficient to state a plausible claim for relief. Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 556 U.S. at 678-79, 129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's complaint is stricken from the record for lack of signature;
2. The Clerk's Office shall send Plaintiff a Bivens complaint form and an application to proceed in forma pauperis;
3. Within thirty (30) days from the date of service of this order, Plaintiff must file a signed complaint and either file a motion seeking leave to proceed in forma pauperis or pay the $350.00 filing fee for this action; and
4. The failure to comply with this order will result in dismissal of this action.


IT IS SO ORDERED.

Sheila K. Oberto


UNITED STATES MAGISTRATE JUDGE