Kryst Zowadzki v. Department of Justice

United States District Court for the Central District of California

Kryst Zowadzki v. Department of Justice

Trial Court Opinion

Case 2:22-cv-02312-FWS-KS Document 6 Filed 05/25/22 Page 1 of 2 Page ID #:17

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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

10 KRYST ZOWADZKI, ) N O . C V 2 2 - 0 2 3 1 2 F W S ( K S) 11 Plaintiff, )

12 v. )

) 13 ) ORDER AND JUDGMENT OF DISMISSAL DEPARTMENT OF JUSTICE, 14 ) Defendant. ) 15 _________________________________ ) 16

17 18 On April 4, 2022, Plaintiff, a California resident proceeding pro se, filed a civil rights 19 complaint under

42 U.S.C. § 1983

(the “Complaint”). (Dkt. No. 1.) The Complaint is a single 20 page purporting to sue “Dept of Justice” concerning a writ of attachment imposed on an asset 21 of Plaintiff’s, as well as Plaintiff having “citizenship papers den[i]ed for gambling . . . .” (Id.) 22 23 As such, the Complaint violates Rule 8 of the Federal Rules of Civil Procedure and is 24 subject to dismissal for failure to state a claim upon which relief can be granted. See Fed. R. 25 Civ. P. 8; United States ex rel. Cafasso v. Gen. Dynamics C4 Sys., Inc.,

637 F.3d 1047

, 1059 26 (9th Cir. 2011) (complaint violates Rules 8 if a defendant would have difficulty understanding 27 and responding to it). 28

1 Case 2:22-cv-02312-FWS-KS Document6 Filed 05/25/22 Page2of2 Page ID#:18

l Moreover, on April 6, 2022, the Court notified Plaintiff that Plaintiff had failed to pay 2 || the filing fee and had not filed a request to proceed in forma pauperis. (Dkt. No. 2.) On April 3 |} 18, 2022, 12 days after the Court notified Plaintiff about the filing fee without a response from 4 || Plaintiff, the Court ordered Plaintiff to show cause, no later than May 9, 2022, why the action 5 || should not be dismissed for failure to pay the filing fee or obtain authorization to proceed 6 || without prepayment of the fee (“OSC”). (Dkt. No. 4.) The Court also expressly warned 7 || Plaintiff that his failure to timely comply with the OSC “will result in a recommendation of 8 || dismissal of this case.” (/d. at 2.) 10 It has now been well over a month since the Court first notified Plaintiff that he had not 11 || paid the filing fee. (Dkt. No. 2.) To date, Plaintiff has not responded to the OSC, paid the 12 || filing fee, requested to proceed in forma pauperis, or made any contact with the Court since 13 || filing the Complaint. In light of the foregoing, IT IS HEREBY ORDERED AND 14 || ADJUDGED that this action is DISMISSED. 15 16 || DATED: May 25, 2022 LS /—— 17 18 FRED W. SLAUGHTER 9 UNITED STATES DISTRICT JUDGE

20 1 Presented by: 22 23 04 yan Lh: asus 95 KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE 26 27 28

Reference

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