Matthew v. United States

Summary

The United States District Court for the Southern District of California dismissed Jacob Matthew’s first amended complaint under 28 U.S.C. § 1915(e) for failure to state a claim. The action sought to compel the United States, the Department of State, the San Diego Passport Agency, and the Secretary of State to issue a passport without requiring a Social Security number. The court dismissed without leave to amend and denied the plaintiff’s other motions as moot, directing the Clerk to close the case.

Holdings

1. The first amended complaint failed to state a claim upon which relief could be granted and was subject to dismissal under 28 U.S.C. § 1915(e).
2. The court dismissed the first amended complaint without leave to amend.
3. The court denied all other pending motions as moot, including the motions for in forma pauperis status, clarification of equitable status, an in-chambers conference, a preliminary injunction, and a hearing.

Questions Presented

1. Whether the first amended complaint stated a claim upon which relief could be granted under 28 U.S.C. § 1915(e).
2. Whether plaintiff should receive leave to amend after repeating the same allegations that had rendered the original complaint deficient.
3. Whether plaintiff's pending motions should be granted after dismissal of the first amended complaint.

Disposition

dismissed