Hunter v. TForce Freight Incorporated

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Charles Hunter,
Plaintiff,
v.
TForce Freight Incorporated,
Defendant.
No. CV-26-00122-PHX-KML
ORDER
On January 7, 2026, plaintiff Charles Hunter filed an unsigned complaint and an
unsigned application to proceed in forma pauperis. (Docs. 1, 3.) Hunter did not include a
mailing address in those initial documents. Approximately one week later, the court
ordered Hunter to file a signed version of his complaint and a new application for leave to
proceed in forma pauperis. (Doc. 6.) Those filings were due no later than January 26, 2026,
but Hunter did not file either. Instead, Hunter filed a copy of a Right to Sue notice he
received from the EEOC and a “First Amended Complaint” that still was not signed. (Doc.
7.) On February 2, 2026, the court entered judgment based on Hunter’s failure to file a
signed complaint and a signed application to proceed in forma pauperis. (Doc. 8.)
On February 9, 2026, Hunter filed a “Motion for Relief from Judgment and to
Reopen Case.” (Doc. 9.) That motion argues his failure to provide a mailing address was
unintentional. (Doc. 9.) The motion does not explain why Hunter has not filed a signed
complaint or a signed application for leave to proceed in forma pauperis. The request to
reopen is granted but Hunter is once again ordered to file a signed complaint and either pay
Case 2:26-cv-00122-KML Document 10 Filed 02/13/26 Page 1 of 2

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the filing fee or file a new application to proceed in forma pauperis that is signed and
contains all required information.
Merely submitting a signed version of the original complaint or a signed version of
the first amended complaint filed with the Right to Sue will not allow this case to proceed.
Neither complaint contains sufficient facts explaining the basis for Hunter’s suit. A
complaint must contain a “short and plain statement of the claim showing that the pleader
is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Although Rule 8 does not demand detailed
factual allegations, “it demands more than an unadorned, the-defendant-unlawfully-
harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “Threadbare recitals
of the elements of a cause of action, supported by mere conclusory statements, do not
suffice.” Id. If Hunter wishes to pursue this suit, his amended complaint must provide
significantly more factual allegations explaining what happened and why he is suing.
IT IS ORDERED the Motion for Relief from Judgment (Doc. 9) is GRANTED.
The judgment entered on February 2, 2026, is VACATED.
IT IS FURTHER ORDERED no later than February 26, 2026, plaintiff shall file
a new complaint that is signed and either pay the full filing fee or file a new application for
leave to proceed in forma pauperis that is signed and contains all required information.
IT IS FURTHER ORDERED the Clerk of Court shall update plaintiff’s mailing
address to 2775 W. Agate Ave Unit 106, Las Vegas, Nevada 89123.
Dated this 12th day of February, 2026.
Case 2:26-cv-00122-KML Document 10 Filed 02/13/26 Page 2 of 2