Wesley Yielding, Charles R. Padilla, and Louie Lawrence Smith III v. United States of America

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations dismissing without prejudice the plaintiffs’ complaint and proposed amended complaint for failure to state a claim. The court denied the pending temporary restraining order motions and denied the remaining motions as moot, then directed the Clerk to close the case.

Holdings

1. The complaint failed to state an actionable federal claim and was properly dismissed without prejudice under Federal Rule of Civil Procedure 12.
2. The proposed amended complaint did not cure the deficiencies in the original complaint and also failed to state an actionable federal claim.
3. The temporary-restraining-order motions were denied, and the remaining pending motions were denied as moot because the action lacked a viable complaint.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss for failure to state a claim should be adopted.
2. Whether plaintiffs' proposed amended complaint cured the deficiencies in the original complaint.
3. Whether plaintiffs' temporary restraining-order motions and other pending motions could proceed in the absence of a viable complaint.

Disposition

dismissed