Raghvendra Singh v. California Department of Corrections and Rehabilitation, et al.

Singh v. California Department of Corrections and Rehabilitation · United States District Court for the Eastern District of California · April 9, 2025 · No. 2:24-cv-3150-DAD-CSK

Summary

The document is a magistrate judge’s findings and recommendations in a prisoner civil-rights action brought by Raghvendra Singh against the California Department of Corrections and Rehabilitation and others. The court recommends denying Singh’s application to proceed in forma pauperis and dismissing the complaint without leave to amend because it is vague, fails to state a claim, and does not establish subject-matter jurisdiction. The recommendations also direct that the case be closed.

Holdings

  1. The IFP application did not make the financial showing required by 28 U.S.C. § 1915(a), and the court recommended denial of IFP status because the action appeared facially frivolous and meritless.
  2. The complaint failed to state a claim because it consisted of vague and conclusory allegations and did not identify specific acts by specific defendants sufficient to provide fair notice.
  3. The complaint did not establish federal-question or diversity jurisdiction, and the court recommended dismissal for lack of subject-matter jurisdiction.
  4. Leave to amend should be denied because the complaint's deficiencies and lack of subject-matter jurisdiction made amendment futile.

Questions Presented

  1. Whether plaintiff's application to proceed in forma pauperis sufficiently established inability to pay filing fees.
  2. Whether the complaint stated a cognizable claim under Federal Rule of Civil Procedure 8 and the applicable pleading standards.
  3. Whether the complaint established federal-question or diversity subject-matter jurisdiction.
  4. Whether dismissal should be without leave to amend because amendment would be futile.

Disposition

other

Cases Cited (28)

  • Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015)(followed)
  • Minetti v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998)(followed)
  • Tripati v. First Nat. Bank & Tr., 821 F.2d 1368, 1370 (9th Cir. 1987)(followed)
  • McGee v. Dep't of Child Support Servs., 584 Fed. App'x 638 (9th Cir. 2014)(followed)
  • Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965)(followed)
  • Lopez v. Smith, 203 F.3d 1122, 1126-27, 1130-31 (9th Cir. 2000) (en banc)(followed)
  • Neitzke v. Williams, 490 U.S. 319, 325-27 (1989)(followed)
  • Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011)(followed)
  • Hebbe v. Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010)(followed)
  • Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981)(followed)

Showing top 10 of 28.

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…