Gill v. State of California et al

Filing 8

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/8/15 RECOMMENDING that plaintiff's Second Amended Complaint be Dismissed with Prejudice. Referred to Judge Kimberly J. Mueller;Objections due within 21 days after being served with these findings and recommendations. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ABDUL GILL,

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No. 2:14-cv-03015 KJM AC (PS)
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiff is proceeding in this action pro se, and in forma pauperis. This proceeding was

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referred to this court by E.D. Cal. R. 302(c)(21). The federal in forma pauperis statute authorizes

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federal courts to dismiss a case “at any time,” if the action is legally “frivolous or malicious,”

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fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant

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who is immune from such relief. 28 U.S.C. § 1915(e)(2).

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The court’s prior orders dismissed plaintiff’s complaints for suing immune defendants,

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and for failing to allege facts showing that he had suffered a legal wrong – for example, that his

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benefits were terminated without due process – or that he was entitled to any relief. See ECF

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Nos. 4 & 6. The Second Amended Complaint (“complaint”) (ECF No. 7), makes no attempt to

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remedy the defects identified in the previous complaints. Instead, it simply indicates that

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plaintiff’s medical benefits have been terminated, and that he is suffering as a consequence.

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Thus, the complaint once again fails to allege facts showing that plaintiff has suffered any legal
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wrong that this federal court can redress.

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The court is aware that figuring out how to properly present one’s grievances can be

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difficult. It may be that plaintiff would benefit by asking for assistance from a legal services

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organization such as Legal Services of Northern California, 515 - 12th Street, Sacramento, CA

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95814 (Tel: [phone]), or the Voluntary Legal Services Program of Northern California

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(Client Help Line: 916-551-2102).1 However, plaintiff has, for the third time, failed to state a

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claim upon which relief can be granted. Accordingly, the complaint should be dismissed, but this

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time with prejudice.

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In accordance with the above, IT IS HEREBY RECOMMENDED that plaintiff’s Second
Amended Complaint be DISMISSED with prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)

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DATED: April 8, 2015

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The court makes no representation regarding the ability of either organization to provide
information or assistance.
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