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Taylor v. Nabors Industries

January 25, 2010

ANTHONY TAYLOR, PLAINTIFF,
v.
NABORS INDUSTRIES, LTD., DEFENDANT.



The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (Document 2)

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS

Plaintiff is proceeding pro se with an action pursuant to the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2612, et seq. On December 7, 2009, Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.)

I. IFP Motion

The Court finds that Plaintiff's IFP motion, wherein he reports that he is unemployed and has no income or assets, satisfies the indigency requirements of 28 U.S.C. § 1915. The Court further finds that Plaintiff is unable to pay the costs of commencing this action. Accordingly, Plaintiff's IFP motion is granted.

II. Complaint

A. Screening

The Court is required to review a case filed in forma pauperis. 28 U.S.C. § 1915(e). The Court must review the complaint and dismiss the action if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987 (citing Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984)). If the Court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the deficiencies of the complaint may be cured by amendment. Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc).

i. Rule 8(a)

Federal Rule of Civil Procedure 8(a), which provides in relevant part that: A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

The Federal Rules of Civil Procedure adopt a flexible pleading policy. Nevertheless, a complaint must give fair notice and state the elements of the plaintiff's claim plainly and succinctly. Jones v. Community Redevelopment Agency, 733 F.2d 646, 649 (9th Cir. 1984). In other words, the plaintiff is required to give the defendants fair notice of what constitutes the plaintiff's claim and the grounds upon which it rests. Although a complaint need not outline all of the elements of a claim, it must be possible to infer from the allegations that all of the elements exist and that the plaintiff is entitled to relief under a viable legal theory. Walker v. South Cent. Bell Telephone Co., 904 F.2d 275, 277 ...


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