Otis Clifford Paezboyd v. Kaiser Foundation Hospital, et al.

Summary

The United States District Court for the Eastern District of California grants plaintiff’s application to proceed in forma pauperis. The court dismisses the pro se complaint alleging wrongful death, medical malpractice, negligence, constitutional violations, and related claims because it fails to provide fair notice or sufficient factual content to state a claim. Plaintiff is granted 30 days to file an amended complaint, and failure to do so may result in a recommendation of dismissal.

Holdings

1. The complaint failed to state a claim because it did not provide fair notice of any cognizable claim, identify the specific conduct of any defendant, or contain sufficient factual content to support a reasonable inference that a defendant violated plaintiff's rights.
2. The complaint did not adequately plead a Fourteenth Amendment equal protection claim because it did not allege facts showing that plaintiff was treated differently from similarly situated persons on the basis of a suspect classification.
3. Dismissal was without prejudice and with leave to amend because it was not absolutely clear that the pleading defects could not be cured.

Questions Presented

1. Whether the complaint stated a plausible claim for relief under Federal Rule of Civil Procedure 8(a)(2) and the pleading standard applicable during screening under 28 U.S.C. § 1915(e).
2. Whether the complaint adequately alleged a federal claim or otherwise established federal subject matter jurisdiction.
3. Whether dismissal should be with leave to amend.

Disposition

dismissed