Turner v. Jewish, et al.

Summary

The Eastern District of California dismissed without prejudice a pro se prisoner’s civil rights complaint against U.S. Marshals Service defendants for failure to state a claim and failure to comply with Rule 11’s signature requirement. The court granted plaintiff 30 days to submit a certified six-month trust-account statement and file a complete amended complaint identifying each defendant’s involvement and the constitutional deprivation alleged.

Holdings

1. The complaint failed to state a claim because its vague and conclusory allegation of false imprisonment did not provide fair notice, identify the defendants' overt acts, or allege facts showing how either defendant violated plaintiff's constitutional rights.
2. The complaint was deficient because it was unsigned and did not comply with Federal Rule of Civil Procedure 11(a) and Local Rule 131(b), in addition to failing to provide fair notice of the claim.
3. Plaintiff was granted thirty days to file an amended complaint that complies with the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice.
4. The court could not rule on plaintiff's pending in forma pauperis motion until plaintiff submitted a certified copy of his prison trust-account statement for the six-month period preceding the complaint.

Questions Presented

1. Whether the complaint stated a cognizable constitutional claim against the named federal officials.
2. Whether the complaint complied with the pleading and signature requirements of the Federal Rules of Civil Procedure and applicable local rules.
3. Whether plaintiff should receive leave to amend after dismissal of the deficient complaint.
4. Whether the court could rule on plaintiff's in forma pauperis motion without the required certified six-month trust-account statement.

Disposition

dismissed