United States District Court, E.D. California
ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN
FORMA PAUPERIS (DOC. 2) ORDER DISMISSING PLAINTIFF'S
COMPLAINT WITH LEAVE TO AMEND
JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE.
Joe Pearson seeks to proceed pro se and in forma
pauperis with an action for a violation of his civil
rights against the Bakersfield Police Department, asserting
its officers used excessive force after he surrendered to an
arrest. (Doc. 9) For the following reasons, Plaintiff's
motion to proceed in forma pauperis is granted, and
his complaint is dismissed with leave to amend.
Proceeding in forma pauperis
Court may authorize the commencement of an action without
prepayment of fees “by a person who submits an
affidavit that includes a statement of all assets such person
. . . possesses [and] that the person is unable to pay such
fees or give security therefor.” 28 U.S.C. §
1915(a). The Court reviewed the financial status affidavit
filed by Plaintiff (Doc. 2), and finds he satisfies the
requirements of 28 U.S.C. § 1915(a). Therefore,
Plaintiff's request to proceed in forma pauperis
individual seeks to proceed in forma pauperis, the
Court is required to review the complaint and shall dismiss a
complaint, or portion of the complaint, if it is
“frivolous, malicious or 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. § 1915A(b); 28 U.S.C. § 1915(e)(2). A
plaintiff's claim is frivolous “when the facts
alleged rise to the level of the irrational or the wholly
incredible, whether or not there are judicially noticeable
facts available to contradict them.” Denton v.
Hernandez, 504 U.S. 25, 32-33 (1992).
rules for pleading complaints are governed by the Federal
Rules of Civil Procedure. A pleading must include a statement
affirming the court's jurisdiction, “a short and
plain statement of the claim showing the pleader is entitled
to relief; and . . . a demand for the relief sought, which
may include relief in the alternative or different types of
relief.” Fed.R.Civ.P. 8(a).
complaint must give fair notice and state the elements of the
plaintiff's claim in a plain and succinct manner.
Jones v. Cmty. Redevelopment Agency, 733 F.2d 646,
649 (9th Cir. 1984). The purpose of the complaint is to
inform the defendant of the grounds upon which the complaint
stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506,
512 (2002). The Supreme Court noted,
Rule 8 does not require detailed factual allegations, but it
demands more than an unadorned,
the-defendant-unlawfully-harmed-me accusation. A pleading
that offers labels and conclusions or a formulaic recitation
of the elements of a cause of action will not do. Nor does a
complaint suffice if it tenders naked assertions devoid of
further factual enhancement.
Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)
(internal quotation marks and citations omitted). Vague and
conclusory allegations do not support a cause of action.
Ivey v. Board of Regents, 673 F.2d 266, 268 (9th
Cir. 1982). The Court clarified further,
[A] complaint must contain sufficient factual matter,
accepted as true, to “state a claim to relief that is
plausible on its face.” [Citation]. A claim has facial
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged. [Citation].
The plausibility standard is not akin to a “probability
requirement, ” but it asks for more than a sheer
possibility that a defendant has acted unlawfully.
[Citation]. Where a complaint pleads facts that are
“merely consistent with” a defendant's
liability, it “stops short of the line between
possibility and plausibility of ‘entitlement to
Iqbal, 556 U.S. at 679 (citations omitted). When
factual allegations are well-pled, a court should assume
their truth and determine whether the facts would make the
plaintiff entitled to relief; legal conclusions are not
entitled to the same assumption of truth. Id. The
Court may grant leave to amend a complaint to the extent
deficiencies of the complaint can be cured by an amendment.
Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir.
2000) (en banc).
asserts he was arrested by officers with the Bakersfield
Police Department on April 4, 2017. (Doc. 1 at 6) According
to Plaintiff, he exited a motel room to smoke a cigarette,
when he “noticed a suspicious SUV with blacked out
tinted windows slowly approaching in [his] direction.”
(Id.) Plaintiff alleges that when the doors of the
vehicle opened, he saw guns and heard someone say, “Get
the fuck on the ground.” (Id.) He asserts ...