Kryst Zowadzki v. Department of Justice
Trial Court Opinion
Case 2:22-cv-02312-GW-KS Document 4 Filed 04/18/22 Page 1 of 2 Page ID #:5 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. CV 22-2312 GW (KS) Date: April 18, 2022 Title Kryst Zowadzki v. Department of Justice
Present: The Honorable: Karen L. Stevenson, United States Magistrate Judge Gay Roberson N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiff: n/a Attorneys Present for Defendant: n/a Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL On April 4, 2022, Plaintiff, a California resident proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983 (the “Complaint”). (Dkt. No. 1.) The Complaint is a single page purporting to sue “Dept of Justice” concerning a writ of attachment imposed on an asset of Plaintiff’s, as well as Plaintiff having “citizenship papers den[i]ed for gambling . . . .” (Id.) At the outset, the Complaint fails to identify a particular department of justice or describe what specific acts on the part of this unidentified defendant constituted unconstitutional conduct.
The Complaint, therefore, violates Rule 8 of the Federal Rules of Civil Procedure and is subject to dismissal for failure to state a claim upon which relief can be granted. See Fed. R. Civ. P. 8; see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (Rule 8 “demands more than an unadorned, the- defendant-unlawfully-harmed-me accusation” and a complaint is insufficient under Rule 8 “if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’”) (citation omitted).
Further, on April 6, 2022, the Court notified Plaintiff that he had failed to pay the filing fee and had not filed a request to proceed in forma pauperis (“IFP”). (Dkt. No. 2.) Two weeks have now passed since Plaintiff filed the Complaint and Plaintiff has still not paid the filing fee, requested IFP status, or responded to the Court’s notification. Accordingly, IT IS HEREBY ORDERED that Plaintiff shall show cause, no later than May 9, 2022, why the action should not be dismissed.
To that end, the Clerk is directed to send Plaintiff a copy of the Central District’s civil rights complaint form (CV-66) and a copy of the Central District’s form Request to Proceed In Forma Pauperis with Declaration in Support (CV-60). To discharge this Order and proceed CV-90 (03/15) Civil Minutes – General Page 1 of 2 Case 2:22-cv-02312-GW-KS Document 4 Filed 04/18/22 Page 2 of 2 Page ID #:6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. CV 22-2312 GW (KS) Date: April 18, 2022 Title Kryst Zowadzki v. Department of Justice with his case, Plaintiff must either: (1) pay the $400 filing fee in full; or (2) file the completed forms, and the necessary documentation, with the Court on or before the May 9, 2022 deadline.
Plaintiff’s failure to timely comply with this Order will result in a recommendation of dismissal of this case.
IT IS SO ORDERED. : Initials of Preparer gr
CV-90 (03/15) Civil Minutes – General Page 2 of 2
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