Albert Bonds, Jr. v. John V. Diana, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing Albert Bonds, Jr.'s First Amended Complaint for lack of jurisdiction and failure to state a claim. The court concludes that the action improperly seeks to remove or interfere with a state probate matter and fails to comply with Federal Rule of Civil Procedure 8. The court also recommends denying further leave to amend and directing the Clerk to close the case.

Holdings

1. The federal court lacks jurisdiction over Plaintiff's attempt to remove or otherwise interfere with the ongoing state probate matter, including requests concerning disposition of property in the custody of the state probate court.
2. The First Amended Complaint fails to state a claim because it does not comply with Federal Rule of Civil Procedure 8 and does not provide a short and plain statement showing entitlement to relief.
3. Further leave to amend should be denied because Plaintiff had already been given an opportunity to amend and amendment would be futile.

Questions Presented

1. Whether the federal court had jurisdiction to adjudicate or interfere with the ongoing state probate matter and dispose of property in the custody of a state probate court.
2. Whether the First Amended Complaint stated a claim under Federal Rule of Civil Procedure 8 and survived screening under 28 U.S.C. § 1915(e).
3. Whether Plaintiff should receive further leave to amend after the prior opportunity to cure the pleading defects.

Disposition

dismissed