`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`No. C 09-2370 BZ
`ORDER DISMISSING COMPLAINT
`WITH LEAVE TO AMEND AND
`GRANTING IFP APPLICATION
`
`))))))))))
`
`CRISTINO S. DIZON,
`Plaintiff(s),
`
`v.
`DICK CHENEY,
`Defendant(s).
`
`On May 28, 200, pro se plaintiff, Cristino S. Dizon
`(“plaintiff”), filed a complaint seeking relief for alleged
`civil rights violations. Plaintiff has applied to proceed in
`forma pauperis, pursuant to 28 U.S.C. § 1915(a).
`Under section 1915(e)(2), a court must dismiss a
`complaint filed in forma pauperis which, liberally construed,
`fails to state a claim on which relief may be granted. See 28
`U.S.C. 1915(e)(2)(B); Marks v. Slocum, 98 F.3d 494, 495 (9th
`Cir. 1996) (per curiam); Franklin v. Murphy, 745 F.2d 1221,
`1226-27 n.5 (9th Cir. 1984). Courts must liberally construe a
`pro se litigant’s complaint, particularly where civil rights
`claims are involved. See Balistreri v. Pacifica Police Dep’t,
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`Case3:09-cv-02370-MMC Document4 Filed06/05/09 Page2 of 4
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`901 F.2d 696, 699 (9th Cir. 1990). Courts must also give a
`pro se litigant’s complaint the benefit of any doubts.
`Karim-Panahi v. Los Angeles Police Dep’t, 839 F.2d 621, 623
`(9th Cir. 1988).
`Even construed liberally, plaintiff’s complaint fails to
`state a claim upon which relief may be granted. From the few
`details offered in the complaint, it appears as though
`plaintiff is alleging civil rights violations based on the
`alleged use of weapons of mass destruction in Iraq. Plaintiff
`must give defendant fair notice of the grounds on which the
`complaint is based. See McKeever v. Block, 932 F.2d 795, 798
`(9th Cir. 1991). Plaintiff only states that he knows “what
`happen[ed] in Iraq.” No additional facts are provided.
`Because plaintiff’s complaint is void of any facts that would
`provide defendant with a basis to understand the nature of the
`claim, it fails to meet the basic requirement that it state a
`claim for which relief can be granted.
`Moreover, plaintiff does not state enough facts to show
`that he has standing to sue defendant. Federal courts can
`only decide disputes which qualify as “cases and
`controversies” under Article III of the United States
`Constitution. Allen v. Wright, 468 U.S. 737, 750 (1984).
`Article III requires that every litigant show that he has
`standing to invoke the power of the federal court. Id. A
`plaintiff must allege a personal injury that was caused by the
`defendant’s alleged wrongful conduct for which he seeks
`relief. Id. at 751. Here, plaintiff fails to allege facts to
`show that he suffered any personal injury due to wrongful
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`Case3:09-cv-02370-MMC Document4 Filed06/05/09 Page3 of 4
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`conduct on the part of defendant.
`Because I find that plaintiff’s complaint fails to state
`a claim upon which relief may be granted, IT IS HEREBY ORDERED
`as follows:
`1. Plaintiff’s complaint is DISMISSED with leave to
`amend. If plaintiff desires to proceed with this lawsuit, he
`must file an amended complaint by June 26, 2009. The amended
`complaint should be a short, legible statement in plain
`English that clearly states the facts that form the basis for
`plaintiff’s suit against defendant. At a minimum, he should
`state how defendant Cheney harmed him and what he relief he
`seeks from him. In amending his complaint, plaintiff may wish
`to consult a manual the court has adopted to assist pro se
`litigants in presenting their case. This manual is available
`in the Clerk’s Office and online at: www.cand.uscourts.gov.
`If plaintiff does not amend or otherwise comply with this
`Order by June 26, 2009, this case may be dismissed.
`2. Attached is information about the Volunteer Legal
`Services Program's Legal Help Center for pro se litigants.
`The Court also suggests that plaintiff make an appointment
`with the Center to discuss this order.
`3. By no later than June 26, 2009, plaintiff shall
`consent to or decline magistrate judge jurisdiction. If he
`needs a new form, it is available online at:
`www.cand.uscourts.gov.
`3. Plaintiff’s application to proceed in forma pauperis
`is GRANTED. The marshal shall not serve the complaint pending
`/
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`Case3:09-cv-02370-MMC Document4 Filed06/05/09 Page4 of 4
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`further order of the Court.
`Dated: June 4, 2009
`
`Bernard Zimmerman
` United States Magistrate Judge
`
`G:\BZALL\-BZCASES\DIZON\draft\IFP.wpd
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