Swann v. Intel Problems & Solutions, et al.

Case No. 4:23-cv-06625-KAW · United States District Court for the Northern District of California · March 12, 2025 · No. 4:23-cv-06625-KAW

Summary

The United States District Court for the Northern District of California screened Blake O’Bryan Swann’s complaint under 28 U.S.C. § 1915(e)(2) and found it insufficient because it did not clearly identify the consumer law claims or provide an adequate factual basis. The court ordered Plaintiff to file an amended complaint by April 11, 2025 and continued the case management conference to August 5, 2025.

Holdings

  1. The complaint was insufficient under § 1915(e)(2) because it did not provide enough factual or legal information to establish a cognizable claim or permit the court to evaluate the basis for relief.
  2. The complaint did not satisfy Rule 8 because it failed to provide a short and plain statement showing that the plaintiff was entitled to relief and failed to identify the consumer law underlying each claim.
  3. The plaintiff was required to receive an opportunity to amend because the court did not determine that the complaint's deficiencies could not be cured by amendment.

Questions Presented

  1. Whether the complaint was subject to dismissal or correction under the court's screening obligation under 28 U.S.C. § 1915(e)(2).
  2. Whether the complaint adequately stated a claim under Federal Rule of Civil Procedure 8 by providing the factual and legal bases for the claims.
  3. Whether the court should allow the pro se plaintiff leave to amend.

Disposition

other

Cases Cited (9)

  • Castillo v. Marshall, 207 F.3d 15, 15 (9th Cir. 1997)(followed)
  • Pratt v. Sumner, 807 F.2d 817, 819 (9th Cir. 19987)(followed)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-57 (2007)(followed)
  • Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010)(followed)
  • Franklin v. Murphy, 745 F.2d 1221, 1235 n.9 (9th Cir. 1984)(followed)
  • Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000)(followed)
  • Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 434 (2011)(followed)
  • Valdez v. Allstate Ins. Co., 372 F.3d 1115, 1116 (9th Cir. 2004)(followed)
  • Hansen v. Blue Cross of Cal., 891 F.2d 1384, 1386 (9th Cir. 1990)(followed)

Cited In (0)

No citing cases on record yet.

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