The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
Plaintiff Tyrone E. Vinson, appearing pro se and proceeding in forma pauperis, filed a complaint on April 2, 2009. Plaintiff appears to assert an allegation concerning a failure to release monies belonging to Plaintiff and apparently controlled by Defendants. Plaintiff names Turning Point, Richard Solis, and "Jennifer" as Defendants.
Pursuant to Title 28 of the United States Code Section 1915(e)(2), the court has reviewed the complaint for sufficiency to state a claim. The court must dismiss a complaint or portion thereof if the court determines that the action is legally "frivolous or malicious," fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). In reviewing a complaint under this standard, the Court must accept as true the allegations of the complaint in question (Hospital Bldg. Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740 (1976)), construe the pro se pleadings liberally in the light most favorable to the Plaintiff (Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000)), and resolve all doubts in the Plaintiff's favor (Jenkins v. McKeithen, 395 U.S. 411, 421 (1969)).
Pursuant to Rule 8(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). Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice and state the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984).
B. Plaintiff's Allegations
Plaintiff's complaint is largely incomprehensible. Plaintiff references sums of money that he may have inherited from his grandparents' estate, and then lists a number of entities and assigns a sum of money thereto, without any further explanation. For example, Plaintiff states "1. DENNYS $200-250 FOR TWO WEEKS . . . 2. JOB CORPS $DOLLARS $2000-3000 DOLLARS A MONTH . . . MARIE-CALENDER $200-250 EVERY 2 WEEKS . . . SOCIAL SECURITY ABOUT $1000 DOLLARS A MONTH." Additionally, there are notes and vague numerical notations in the margins.*fn1
As a preliminary matter, Plaintiff has failed to state with specificity which constitutional rights Defendants have allegedly violated. Plaintiff appears to be making a claim that his property is improperly withheld or wrongfully detained by Turning Point, social worker Richard Solis, and "payee Jennifer." However, Plaintiff's complaint is devoid of establishing the court's jurisdiction because he has not cited to any statutory or other legal authority in the complaint to establish federal court jurisdiction. In fact, he makes no mention whatsoever of the Constitution or federal law.*fn2 A pleading may not simply allege a wrong has been committed and demand relief. The underlying requirement is that a pleading give "fair notice" of the claim being asserted and the "grounds upon which it rests." Conley v. Gibson, 355 U.S. 41, 47-48 (1957); Yamaguchi v. United States Department of Air Force, 109 F.3d 1475, 1481 (9th Cir. 1997).
As Rule 8(a) states, a complaint must contain "a short and plain statement of the claim." The rule expresses the principle of notice-pleading, whereby the pleader need only give the opposing party fair notice of a claim. Conley v. Gibson, 355 U.S. at 45-46. Rule 8(a) does not require an elaborate recitation of every fact a plaintiff may ultimately rely upon at trial, but only a statement sufficient to "give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Id. at 47.
Although Plaintiff attempts to assert a claim of some kind, his complaint is incomprehensible and, thus, insufficient to state a legally cognizable cause or causes of action. It is Plaintiff's burden, not that of the Court, to separately identify claims and state facts in support of each claim. If Plaintiff wishes to allege causes of action he must separate each claim and state facts in support of each individual claim. The Court cannot speculate about the unidentified cause or causes of action, which facts relate to which claim, or how each Defendant relates to each cause of action. The Court appreciates that Plaintiff clearly believes he has been injured in some manner, yet the Court cannot ascertain the manner of the injury or the nature of the claim from Plaintiff's complaint.
Plaintiff's allegations are vague, conclusory, and confusing, and fail to place Defendants on notice as to the basis of Plaintiff's claims against them. Additionally, Plaintiff has identified one Defendant by first name only, i.e., "Jennifer." To the degree that Plaintiff has identified a Doe defendant, and although the use of Doe defendants is generally disfavored, "'plaintiff should be given an opportunity through discovery to identify the unknown defendants, unless it is clear that discovery would not uncover the identities . ...