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Case 1:13-cv-01503-LJO-GSA Document 2 Filed 09/19/13 Page 1 of 2



















UNITED STATES DISTRICT COURT



EASTERN DISTRICT OF CALIFORNIA





GEMS PARK,

Plaintiff,

vs.

SIX UNKNOWN NAMES AGENTS,
et al.,

Defendants.

1:13-cv-01503-LJO-GSA-PC

ORDER STRIKING COMPLAINT
AND REQUIRING PLAINTIFF TO
FILE SIGNED COMPLAINT FORM
AND EITHER FILE APPLICATION TO
PROCEED IN FORMA PAUPERIS OR
PAY FILING FEE WITHIN THIRTY
DAYS
(Doc. 1.)


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I.

BACKGROUND

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On September 17, 2013, Plaintiff filed what was construed as a civil rights complaint.

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The complaint is not signed and it sets forth no intelligible claims for relief. The court cannot

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consider unsigned filings and hence the complaint shall be stricken from the record for that

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reason. Plaintiff has thirty days to file a signed complaint that complies with Federal Rule of

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Civil Procedure 8(a).1 Plaintiff must also either file a motion seeking leave to proceed in

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forma pauperis or pay the $400.00 filing fee in full.


1A complaint must contain Aa 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 A[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, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct.
1955, 1964-65 (2007)). While a plaintiff=s allegations are taken as true, courts Aare not required to indulge
unwarranted inferences.@ Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation
marks and citation omitted). To state a viable claim for relief, Plaintiff must set forth factual allegations sufficient
to state a plausible claim for relief. Iqbal, 556 U.S. at 678; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th
Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Id. at 679.

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Case 1:13-cv-01503-LJO-GSA Document 2 Filed 09/19/13 Page 2 of 2

Accordingly, IT IS HEREBY ORDERED that:

1.

Plaintiff=s complaint is stricken from the record for lack of signature;

2.

The Clerk=s Office shall send Plaintiff a Bivens complaint form and an

application to proceed in forma pauperis;

3.

Within thirty (30) days from the date of service of this order, Plaintiff must file

a signed complaint and either file a motion seeking leave to proceed in forma

pauperis or pay the $400.00 filing fee for this action; and

The failure to comply with this order will result in dismissal of this action.

4.





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IT IS SO ORDERED.

Dated: September 19, 2013


6i0kij8d




DEAC_Signature-END:

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/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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