United States District Court, E.D. California
ORDER STRIKING UNSIGNED COMPLAINT AND DIRECTING
PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED WITHOUT
PREPAYMENT OF FEES AND SIGNED COMPLAINT (ECF NO. 1)
Edward Horne (“Plaintiff”), proceeding pro
se, filed an unsigned complaint in this action and a
motion to proceed in forma pauperis. (ECF Nos. 1,
Motion to Proceed In Forma Pauperis
did not pay the filing fee in this action and instead filed
an application to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915. However, Plaintiff's
application was not adequately completed. Plaintiff indicates
that he receives gross wages of $900.00 per month. He also
states that he receives other income in the form of rents and
disability or worker's compensation payments but did not
indicate the amount that he receives from these sources.
Therefore, the Court is unable to determine if Plaintiff is
entitled to proceed without prepayment of fees in this
the Court will order Plaintiff to complete and file an
Application to Proceed in District Court Without Prepaying
Fees or Costs (Long Form) - AO 239. If Plaintiff is unwilling
to complete and submit the long form application, Plaintiff
must pay the filing fee in full.
complaint that Plaintiff filed is this action is not signed.
Unsigned documents cannot be considered by the Court.
Fed.R.Civ.P. 11(a); Local Rule 131(b). Plaintiff's
complaint shall be stricken from the record on that ground.
assist Plaintiff in filing his complaint, Plaintiff is
provided with the following legal standards.
Rule 8 Pleading Standard
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 (2009) (citing Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). A
complaint must contain sufficient factual allegations to give
the defendant fair notice of the claim and the grounds upon
which it rests. Twombly, 550 U.S. at 555. Plaintiff
cannot state a claim in this action by merely setting forth
his causes of action.
Twombly and Iqbal “a complaint must
contain sufficient factual matter, accepted as true, to state
a claim to relief that is plausible on its face.”
Iqbal, 556 U.S. at 678. This requires factual
content for the court to draw the reasonable inference that
the defendant is liable for the alleged misconduct.
Id. A complaint stops short of the line between
probability and the possibility of relief where the facts
pled are merely consistent with a defendant's liability.
Id. Further, while the court is to accept all
“well pleaded factual allegations” in the
complaint as true, id. at 679, it is not bound to
accept as true labels, conclusions, formulaic recitations of
the elements of a cause of action or legal conclusions
couched as factual allegations, Twombly, 550 U.S. at
555. The conclusory allegations in the complaint are not
entitled to the presumption of truth. Iqbal, 556
U.S. at 681.
a claim for relief must contain a demand for the relief
sought. Fed.R.Civ.P. 8(a)(3). Plaintiff's complaint
should include the relief that he is seeking in this action.
1983 provides a cause of action for the violation of a
plaintiff's constitutional or other federal rights by
persons acting under color of state law. Nurre v.
Whitehead, 580 F.3d 1087, 1092 (9th Cir 2009); Long
v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir.
2006); Jones v. Williams, 297 F.3d 930, 934 (9th
is advised that to state a claim under section 1983, he is
required to show that (1) each defendant acted under color of
state law and (2) each defendant deprived him of rights
secured by the Constitution or federal law. Long,
442 F.3d at 1185. There is no respondeat superior
liability under section 1983, and therefore, each defendant
is only liable for his or her own misconduct. Iqbal,
556 U.S. at 677. To state a claim, ...