(PS) Armstrong v. Siskiyou County Sheriff's Department Doc.

Case 2:07-cv-01046-GEB-GGH Document 4 Filed 06/25/2007 Page 1 of 3

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 JERRY ARMSTRONG,

11 Plaintiff, No. CIV.S. 07-1046 GEB GGH PS

12 vs.

13 SISKIYOU COUNTY SHERIFF’S

DEPARTMENT, et al., ORDER
14
Defendants.
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_______________________________/
16

17 Plaintiff, proceeding in pro se, has requested leave to proceed in forma pauperis

18 pursuant to 28 U.S.C. § 1915. This matter was referred to this court pursuant to E. D. Cal. L. R.

19 72-302(c)(21).

20 Plaintiff has submitted a partially completed state court form entitled “Application

21 for Waiver of Court Fees and Costs.” The same form, more fully completed, is contained in

22 plaintiff’s “Complaint.” These documents demonstrate plaintiff is unable to prepay fees and

23 costs or give security for them. Plaintiff has no assets and his only income derives from

24 “Probation, General Assistance and Food Stamps.” Accordingly, the request to proceed in forma

25 pauperis will be granted. 28 U.S.C. § 1915(a).

26 The determination whether plaintiff may proceed in forma pauperis does not

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 Case 2:07-cv-01046-GEB-GGH Document 4 Filed 06/25/2007 Page 2 of 3

1 complete the inquiry. Title 28 U.S.C. § 1915(e)(2) directs the court to dismiss a case at any time

2 if the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a

3 claim on which relief may be granted, or seeks monetary relief against an immune defendant.

4 Additional grounds for dismissing a proposed complaint are improper form (Fed. R. Civ. P.

5 10(b)); lack of subject matter jurisdiction (Rule 12(b)(1)); and failure to state a claim upon which

6 relief may be granted (Rule 12(b)(6)). The complaint must also comply with general rules of

7 pleading, as set forth in Fed. R. Civ. P. 8(a), requiring clear statements of (1) the court’s

8 jurisdiction, (2) claims showing entitlement to relief, and (3) demand for relief.

9 Plaintiff’s “Complaint,” so designated by the Clerk of Court, meets none of these

10 standards. Forty-two pages in length, the “Complaint” consists of multiple documents (including

11 a statement from Shasta County concerning the amount of plaintiff’s Food Stamps, and several

12 letters to public and private entities and counsel seeking representation and assistance in the

13 pursuit of this action) without any unifying preface or explanation. While the facts underlying

14 plaintiff’s case can be gleaned from reading through these documents (plaintiff asserts he was

15 improperly detained and incarcerated for a finite period of time), the court is unable to discern

16 plaintiff’s legal theories and the relief he now seeks. Accordingly, the “complaint” will be

17 dismissed with leave to file an amended complaint within twenty days that: (1) conforms with

18 the general pleading requirements of Fed. R. Civ. P. 8(a) demonstrating this court’s jurisdiction

19 and clearly stating the facts of plaintiff’s case, identifying each defendant and their specific

20 involvement in this matter, plaintiff’s legal arguments, and the specific relief he seeks, and (2)

21 states cognizable legal claims upon which relief may be granted, consistent with the requirements

22 of Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915(e)(2).

23 Additionally, plaintiff seeks, in a separately filed document, court-appointed

24 counsel to assist him in pursuing this matter. The court cannot rule on this request absent an

25 operational complaint to review. Plaintiff is informed, however, that the threshold is exceeding

26 high for obtaining this court’s assistance in obtaining the free services of counsel in a civil case,

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1 and includes likelihood of success on the merits. Accordingly, plaintiff’s request for

2 appointment of counsel will be denied without prejudice to its reconsideration sua sponte upon

3 the filing of an actionable complaint.

4 Accordingly, IT IS ORDERED that:

5 1. Plaintiff’s request for leave to proceed in forma pauperis is granted;

6 2. Plaintiff’s complaint is dismissed;

7 3. Plaintiff is granted twenty (20) days from the filing date of this order to file an

8 amended complaint that meets the requirements of 28 U.S.C. § 1915(e)(2), and Fed. R. Civ. P.

9 8(a) and 12(b); the amended complaint must bear the docket number assigned this case and must

10 be labeled “Amended Complaint;” plaintiff must file an original and two copies of the amended

11 complaint;

12 4. Failure to file an amended complaint in accordance with this order will result

13 in a recommendation this action be dismissed; and

14 5. Plaintiff’s request for appointment of counsel is denied without prejudice to its

15 reconsideration sua sponte upon the filing of an actionable complaint.

16 So ordered.

17 DATED: 6/25/07 /s/ Gregory G. Hollows

18 GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
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20 GGH5: Armstrong.1046.ifp

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