Clemmons v. Annberry Transitional Care, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing pro se plaintiff Trehana Clemmons’s in forma pauperis complaint against Annberry Transitional Care and other defendants. The court concludes that the complaint is unintelligible, fails to state a claim under Federal Rule of Civil Procedure 8 and 28 U.S.C. § 1915(e)(2)(B), and is frivolous because its allegations are fanciful and lack an arguable basis in law or fact. The recommendation is dismissal without leave to amend and closure of the case, subject to a 21-day period for objections.

Holdings

1. The complaint failed to state a claim because it did not identify the defendants' specific actions, explain how the asserted authorities supported any claim, or provide sufficient factual matter to place defendants on notice of the claims against them.
2. The complaint was frivolous because its statement of claim and requested relief were incoherent and fanciful and lacked an arguable basis in law or fact.
3. Leave to amend should be denied because the complaint was frivolous and there was no reason to permit amendment.

Questions Presented

1. Whether the complaint stated a plausible claim for relief under Federal Rule of Civil Procedure 8.
2. Whether the complaint was frivolous and therefore subject to dismissal under 28 U.S.C. § 1915(e)(2)(B).
3. Whether leave to amend should be granted.

Disposition

other