Summary
The United States District Court for the Eastern District of California dismisses William James Gradford’s first amended civil rights complaint for asserting unrelated claims against multiple defendants and failing to plead sufficient facts. The court grants leave to amend as a final opportunity, sets a thirty-day deadline for filing a second amended complaint or notice of voluntary dismissal, and denies several pending motions.
Holdings
- Claims against different defendants that are not factually or legally related are not suited to proceed together in one action.
- A prisoner complaint must identify a cognizable claim and contain sufficient factual allegations to state a plausible entitlement to relief; legal conclusions and allegations showing only a mere possibility of misconduct are insufficient.
- The first amended complaint should be dismissed with leave to amend, with plaintiff given a final opportunity to cure the pleading deficiencies before the court recommends dismissal of the action.
Questions Presented
- Whether the first amended complaint could proceed when it joined multiple factually and legally unrelated claims against different defendants.
- Whether the first amended complaint adequately pleaded any cognizable claim under the federal pleading and prisoner-screening standards.
- Whether plaintiff should be granted leave to amend after dismissal of the first amended complaint.
Disposition
other
Cases Cited (11)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
- Kobold v. Good Samaritan Reg'l Med. Ctr., 832 F.3d 1024, 1038 (9th Cir. 2016)(followed)
- Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 n.2 (9th Cir. 2006) (en banc)(followed)
- Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)(followed)
- Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017)(followed)
- Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997)(followed)
- Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)(followed)
- George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)(followed)
- Lewis v. Khan, No. 3:19-cv-1254-WQH-AHG, 2019 U.S. Dist. LEXIS 141386, at *8 (C.D. Cal. Aug. 20, 2019)(followed)
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Cited In (0)
No citing cases on record yet.
Court Document
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