Gray v. Martin

No. 1:25-cv-00594-SAB (E.D. Cal. July 16, 2025) · United States District Court for the Eastern District of California · July 17, 2025 · No. 1:25-cv-00594-SAB

Summary

The United States District Court for the Eastern District of California screened Plaintiff Richard Bernard Gray’s amended pro se complaint under 28 U.S.C. § 1915(e)(2). The court concluded that the complaint did not identify a cognizable federal cause of action or establish subject-matter jurisdiction, but granted a final opportunity to file a second amended complaint within 30 days. The order also limited the amended complaint to 25 pages and warned that failure to comply could result in a recommendation of dismissal.

Holdings

  1. The amended complaint did not establish federal-question jurisdiction because it did not identify or allege facts supporting a federal cause of action; its principal allegations concerning invasion of privacy and fraud were state-law matters.
  2. The amended complaint failed to state any cognizable claim for relief because its allegations did not provide sufficient factual matter connecting each defendant to a violation of federal constitutional rights or other actionable law.
  3. The court granted plaintiff a final opportunity to file a second amended complaint because the identified pleading deficiencies might be curable by amendment.

Questions Presented

  1. Whether the amended complaint established federal-question subject-matter jurisdiction.
  2. Whether the amended complaint stated a facially plausible and cognizable claim for relief under the applicable pleading standard.
  3. Whether plaintiff should receive leave to file a second amended complaint to cure the identified deficiencies.

Disposition

other

Cases Cited (9)

  • Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
  • Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(followed)
  • Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009)(followed)
  • Augustine v. United States, 704 F.2d 1074, 1077 (9th Cir. 1983)(followed)
  • Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994)(followed)
  • Hill v. National Collegiate Athletic Assn., 7 Cal. 4th 1, 24, 865 P.2d 633 (1994)(followed)
  • Lazar v. Superior Court, 12 Cal. 4th 631, 638, 909 P.2d 981 (1996)(followed)
  • Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995)(followed)
  • Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000)(followed)

Cited In (0)

No citing cases on record yet.

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