Julian Torres v. Employment Development Department (EDD), et al.

Summary

The United States District Court for the Northern District of California grants Julian Torres’s application to proceed in forma pauperis but dismisses his complaint with prejudice under 28 U.S.C. § 1915(e)(2) for failure to state a claim. The complaint asserted claims under Title II of the Americans with Disabilities Act, the Rehabilitation Act, California Government Code § 11135, the ADA’s retaliation provision, and the Due Process Clause. The court also denies the motion for a temporary restraining order and directs the Clerk to terminate the case.

Holdings

1. The complaint failed to state a claim because it provided no factual allegations plausibly supporting any of its five causes of action.
2. Torres failed to state claims under Title II of the ADA, the Rehabilitation Act, California Government Code section 11135, or the ADA retaliation provision.
3. The complaint failed to state a substantive or procedural due process claim.
4. Leave to amend was denied because amendment would be futile, and the complaint was dismissed with prejudice.
5. The motion for a temporary restraining order was denied because the underlying complaint was dismissed for failure to state a claim.

Questions Presented

1. Whether the complaint stated a plausible claim under 28 U.S.C. § 1915(e)(2), including the asserted ADA, Rehabilitation Act, California Government Code section 11135, ADA retaliation, and due process claims.
2. Whether leave to amend should be granted after dismissal of the deficient complaint.
3. Whether plaintiff was entitled to a temporary restraining order.

Disposition

dismissed