Summary
The United States District Court for the Eastern District of Washington dismissed Caryl Danita Carby's pro se complaint with prejudice. The court concluded that the complaint failed to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), that amendment would be futile, and directed that the case be closed.
Holdings
- The complaint failed to state a claim because it lacked sufficient facts to support a cognizable legal theory against any defendant.
- Leave to amend was properly denied because it was absolutely clear that amendment would be futile.
Questions Presented
- Whether the complaint stated a claim upon which relief could be granted under 28 U.S.C. § 1915(e)(2)(B)(ii) and the Rule 12(b)(6) standard.
- Whether Plaintiff should be granted leave to amend the complaint.
Disposition
dismissed
Cases Cited (7)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(followed)
- Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007)(followed)
- Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010)(followed)
- Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987)(superseded)
- Aktar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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