Beavers v. Schneider National, Inc.

Filing 12

MEMORANDUM DECISION and ORDER GRANTING 3 Defendant's Motion to Dismiss signed by Chief Judge Lawrence J. O'Neill on 6/19/2017. CASE CLOSED. (Jessen, A)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 JUSTIN TERRELL BEAVERS, 6 Plaintiff, 7 1:17-cv-647-LJO-JLT MEMORANDUM DECISION AND ORDER RE DEFENDANT’S MOTION TO DISMISS (Doc. 3) v. 8 SCHNEIDER NATIONAL, INC., 9 Defendant. 10 11 Defendant Schneider National, Inc. move to dismiss pro se Plaintiff Justin Terrell Beavers’s 12 13 complaint under Federal Rule of Civil Procedure 12(b)(6) on the ground it fails to comply with Federal 1 14 Rule of Civil Procedure 8 and fails to state a claim because it is unintelligible. See Doc. 3. The Court agrees. Plaintiff’s complaint is an eight-page, single-spaced narrative and purports to 15 16 bring twelve causes of action against Defendants. The Court cannot understand how the facts, as alleged, 17 relate to Defendant or could support any cause of action. Accordingly, the Court GRANTS Defendant’s motion to dismiss WITHOUT LEAVE TO 18 19 AMEND. The Clerk of Court is directed to CLOSE this case. 20 IT IS SO ORDERED. 21 Dated: /s/ Lawrence J. O’Neill _____ June 19, 2017 UNITED STATES CHIEF DISTRICT JUDGE 22 23 24 25 1 Defendant further contends the complaint should be dismissed because Plaintiff failed to file a timely opposition to Defendant’s motion to dismiss. See Doc. 6. On June 14, 2017, a week after his opposition was due, Plaintiff filed a document titled Plaintiff’s “contractual agreement list of settlment [sic] options in and for Defendant, non negotiable.” Doc. 9. This appears to be a number of purported settlement offers from Plaintiff to Defendant, which the Court cannot consider. Further, the Court cannot construe the document as an opposition to Defendant’s motion to dismiss. Accordingly, Defendant’s motion is unopposed. 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?