Hanh Thi My Do v. Orange County SSA, WPD, et al.

Summary

The United States District Court for the Southern District of California granted Hanh Thi My Do’s renewed motion to proceed in forma pauperis. The court dismissed the amended complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim and for lack of venue, denied leave to amend, denied remaining motions, and directed the clerk to close the case.

Holdings

1. Plaintiff qualified for in forma pauperis status because the renewed motion contained a signed financial affidavit satisfying the court that Plaintiff could not pay the filing fees.
2. The amended complaint failed to state a claim and was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B).
3. The amended complaint did not state a plausible Title II ADA discrimination claim against Grand Canyon University.
4. Plaintiff failed to establish venue in the Southern District of California.
5. Further leave to amend was denied because Plaintiff had already received an opportunity to cure the identified defects and further amendment would be futile.

Questions Presented

1. Whether Plaintiff qualified to proceed in forma pauperis based on the signed financial affidavit.
2. Whether the amended complaint stated a plausible civil claim under 28 U.S.C. § 1915(e)(2)(B), including claims under 42 U.S.C. § 1983 and Title II of the Americans with Disabilities Act.
3. Whether venue was proper in the Southern District of California under 28 U.S.C. § 1391(b).
4. Whether Plaintiff should receive further leave to amend.

Disposition

dismissed