The opinion of the court was delivered by: The Honorable Oswald Parada, United States Magistrate Judge
Present: The Honorable Oswald Parada, United States Magistrate Judge
Maynor Galvez N/A N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
None None Proceedings: IN CHAMBERS: ORDER TO SHOW CAUSE
On April 11, 2013, Loral Huffman ("Plaintiff") lodged for filing what purports to be a Civil Rights Complaint pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971). (ECF No. 5. *fn1 Plaintiff has lodged the Complaint for filing, he has failed to pay the full filing fee $350 and has failed to submit an in forma pauperis application in order to proceed without payment of the full filing fee.
Further, Rule 8 of the Federal Rules of Civil Procedure provides that every pleading that a claim for relief must contain "a short and plain statement of the claim showing the pleader is entitled to relief," "a demand for relief sought," and "[e]ach allegation be simple, concise, and direct." Fed. R. Civ. P. 8(a)(2)-(3), (d)(1). A district court power to dismiss a complaint when a plaintiff fails to comply with the Federal Rules of Civil Procedure, including Rule 8's "short and plain statement" requirement. See Vakalis v. Shawmut Corp., 925 F.2d 34, 36 (1st Cir. 1991); Mangan v. Weinberger, 848 F.2d 909, 911 (8th Cir. 1988). The Complaint alleges in its entirety that "testified in cop killer case and prisoners found out by SHU guard telling them but Warden will not protective custody transfer." Plaintiff seeks damages and injunctive relief. (Compl. at 11.) The Complaint fails to comply with the requirements of Rule 8.
Accordingly, Plaintiff is ordered to show cause on or before May 24, 2013, this matter
not be dismissed. Plaintiff shall submit the $350 filing fee to the clerk's office prior to that date or submit an in forma pauperis application in order to proceed without payment of the full filing fee. Further, Plaintiff must submit an amended complaint that satisfies the requirements of Rule 8. Plaintiff must use the blank Central District Civil Complaint form accompanying this order, must sign and date the form, must completely and accurately fill out the form, and must use the space provided in the form set forth all of the claims that he wishes to assert in his amended Complaint. The amended Complaint shall not refer to the original Complaint.
Failure to comply with these requirements may result in a recommendation that the in pauperis application be denied for failure to prosecute and/or failure to comply court order.
Clerk is directed to provide Plaintiff with a blank Central District Civil Rights Complaint form and a blank in forma pauperis application.