Smith v. California Correctional Health Care Services et al
Filing
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ORDER signed by Magistrate Judge Dennis M. Cota on 03/13/19 ORDERING plaintiff's first amended complaint is dismissed with leave to amend. Plaintiff shall file a second amended complaint within 30 days from the date of this order. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TOM SMITH,
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Plaintiff,
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No. 2:16-CV-1038-TLN-DMC-P
v.
ORDER
CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES, et al.,
Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint (ECF No. 18).
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Plaintiff alleges Defendants violated his Eighth, Fourteenth, and Fifth Amendment rights because
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they knowingly caused Plaintiff to relapse by deliberately changing his medication. Plaintiff also
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alleges that his general right to refuse medication was violated when he was disciplined for not
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wanting to take his medication. Plaintiff further alleges violations of his Fourteenth Amendment
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rights generally, his Fifth Amendment right against double jeopardy, and his right against “mental
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discrimination” related to some underlying state court trial action. For the reasons set forth
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below, Plaintiff’s first amended complaint is dismissed with leave to amend.
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I. SCREENING REQUIREMENT AND STANDARD
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The Court is required to screen complaints brought by prisoners seeking relief
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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.
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§ 1915A(a). The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or
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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief
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from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2).
The Federal Rules of Civil Procedure require complaints contain a “…short and
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plain statement of the claim showing that the pleader is entitled to relief.” See McHenry v.
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Renne, 84 F.3d 1172, 1177 (9th Cir. 1996) (quoting Fed. R. Civ. P. 8(a)(1)). Detailed factual
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allegations are not required, but “[t]hreadbare recitals of the elements of a cause of action,
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supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678
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(2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiff’s
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allegations are taken as true, courts “are not required to indulge unwarranted inferences.” Doe I v.
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Wal–Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation
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omitted).
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Prisoners proceeding pro se in civil rights actions are entitled to have their
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pleadings liberally construed and are afforded the benefit of any doubt. Hebbe v. Pliler, 627 F.3d
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338, 342 (9th Cir. 2010) (citations omitted). To survive screening, Plaintiff’s claims must be
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facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer
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that each named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at 678 (quotation
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marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The
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sheer possibility that a defendant acted unlawfully is not sufficient, and mere consistency with
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liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678 (quotation marks
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omitted); Moss, 572F.3d at 969.
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II. PLAINTIFF’S ALLEGATIONS
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While plaintiff’s complaint is extremely difficult to read, and the claims are
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difficult to decipher, it appears to the Court that plaintiff’s amended pleading raises three claims:
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(1) Plaintiff alleges that his Eighth, Fourteenth, and Fifth Amendment rights were violated when
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an unspecified Defendant changed his medication. Plaintiff alleges the medication was court
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mandated, and the change in medication resulted in Plaintiff suffering a seizure and other
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negative physical manifestations. (2) Plaintiff alleges his “right to refuse drugs [he] was allergic
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to” was violated when he was restrained and forced to take his medication. Plaintiff’s
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constitutional basis for this claim is not stated. In this allegation plaintiff contends that he was
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beaten, starved, stripped, and placed in cold housing after refusing to take his medication.
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Plaintiff again fails to attribute this alleged violation to any of the named Defendants. (3)
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Plaintiff alleges his Fourteenth Amendment rights generally, his Fifth Amendment right against
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double jeopardy, and his “right against mental discrimination” were each violated. This claim
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seems to be related to an underlying state court action. It is unclear how the alleged constitutional
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rights were violated in this claim or and whether there exists a basis for relief under section 1983.
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III. ANALYSIS
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Sufficiency of Plaintiff’s Allegations
The Federal Rules of Civil Procedure require complaints contain a “…short and
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plain statement of the claim showing that the pleader is entitled to relief.” See McHenry v.
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Renne, 84 F.3d 1172, 1177 (9th Cir. 1996) (quoting Fed. R. Civ. P. 8(a)(1)). Claims must be
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stated simply, concisely, and directly. See McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir.
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1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the complaint gives the
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defendant fair notice of the plaintiff’s claim and the grounds upon which it rests. See Kimes v.
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Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because a plaintiff must allege, with at least some
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degree of particularity, overt acts by specific defendants which support the claims, vague and
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conclusory allegations fail to satisfy this standard. Additionally, to survive screening, Plaintiff’s
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claims must be facially plausible, which requires sufficient factual detail to allow the Court to
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reasonably infer that each named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at
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678 (quotation marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir.
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2009).
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Here, all three of Plaintiff’s claims fail to meet the pleading standard. As a general
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matter Plaintiff fails to attribute any of the alleged violations to any of the Defendants. In other
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words, Plaintiff fails to identify which Defendant(s) caused the alleged constitutional violations.
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Plaintiff must identify the acts of specific defendants and connect those acts with the alleged
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violation. See Kimes v. Stone, 84 F.3d at 1129. Plaintiff’s failure to allege with any degree of
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particularity which overt acts by which defendant caused the constitutional violation renders
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Plaintiff’s complaint inadequate. This alone is enough to prevent Plaintiff’s complaint from
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passing the screening stage. However, Plaintiff’s claims suffer from additional deficiencies that
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must be cured as well for the complaint to proceed.
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Plaintiff’s first claim seems to relate exclusively to an Eight Amendment right to
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medical treatment. There are no facts that support a Fourteenth Amendment violation, a Fifth
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Amendment double jeopardy violation, or a Fifth Amendment self-incrimination violation.
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Plaintiff is referred to this Court’s Findings and Recommendations filed on February 10, 2017,
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stating the standard for such an Eighth Amendment claim. As to the remaining alleged violations
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in this claim, Plaintiff is informed that he must identify the specific constitutional right that was
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violated and allege sufficient facts to support that alleged constitutional violation.
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Plaintiff’s second claim seems to allege a violation of his Eighth Amendment
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right, however Plaintiff never identifies it as an Eighth Amendment claim nor does Plaintiff
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identify any other constitutional basis for this claim. Plaintiff is again reminded that he must
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specify which constitutional right was violated and allege sufficient facts to support that alleged
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constitutional violation.
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Plaintiff’s third claim is the most unclear. Plaintiff has identified the claim as a
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violation of his “Fourteenth U.S. Constitutional right against double jeopardy through false
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imprisonment and mental illness discrimination”. As a threshold matter, the Fifth Amendment,
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not the Fourteenth Amendment, protects against double jeopardy. Further, if Plaintiff is alleging
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a Fourteenth Amendment violation, it is unclear how it occurred based on the facts alleged. In
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this claim Plaintiff makes reference to underlying state court trial proceedings and possibly to
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federal court proceedings though the specifics of the proceedings are unclear. If this claim is
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related to Plaintiff’s underlying conviction and sentence, Plaintiff is informed that such a
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challenge is not cognizable under 42 U.S.C. § 1983 and that Petitioner’s sole federal remedy is a
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petition for a writ of habeas corpus. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973); see also
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Neal v. Shimoda, 131 F.3d 818, 824 (9th Cir. 1997); Trimble v. City of Santa Rosa, 49 F.3d 583,
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586 (9th Cir. 1995) (per curiam). If the claim is in fact an action seeking monetary damages or
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declaratory relief related to alleged constitutional violations, Plaintiff is reminded that he must
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specify which constitutional right was violated and plead sufficient facts to support the alleged
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violation.
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B.
Immune Defendants
In this case, plaintiff names one individual as a defendant – Alicia Bulin, who is
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alleged to be a prison doctor. Plaintiff also names “California Correctional health Care Services,”
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“California Department of Corrections,” and “Salinas Valley State Prison Department of Mental
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Health.” The state entity defendants are immune from the federal claims attempted by plaintiff.
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The Eleventh Amendment prohibits federal courts from hearing suits brought against a state both
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by its own citizens, as well as by citizens of other states. See Brooks v. Sulphur Springs Valley
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Elec. Coop., 951 F.2d 1050, 1053 (9th Cir. 1991). This prohibition extends to suits against states
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themselves, and to suits against state agencies. See Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th
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Cir. 1995) (per curiam); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). A state’s agency
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responsible for incarceration and correction of prisoners is a state agency for purposes of the
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Eleventh Amendment. See Alabama v. Pugh, 438 U.S. 781, 782 (1978) (per curiam); Hale v.
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Arizona, 993 F.2d 1387, 1398-99 (9th Cir. 1993) (en banc).
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Should plaintiff elect to further amend his pleading, any such complaint may not proceed
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against defendants who are immune.
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IV. AMENDING THE COMPLAINT
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Because it may be possible that some of the deficiencies identified in this order
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can be cured by amending the complaint, plaintiff will be given leave to amend. See Lopez v.
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Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc). Plaintiff is informed that, as a
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general rule, an amended complaint supersedes the original complaint. See Ferdik v. Bonzelet,
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963 F.2d 1258, 1262 (9th Cir. 1992). Therefore, if plaintiff amends the complaint, the court
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cannot refer to the prior pleading in order to make plaintiff's amended complaint complete. See
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Local Rule 220. An amended complaint must be complete in itself without reference to any prior
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pleading. See id. This means, in practical terms, that to achieve the relief sought here, plaintiff
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must not only cure the deficiencies identified in this order, but also reallege the cognizable
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claim(s) discussed in this Court’s order.
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If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the
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conditions complained of have resulted in a deprivation of plaintiff’s constitutional rights. See
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Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). The complaint must allege in specific terms how
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each named defendant is involved, and must set forth some affirmative link or connection
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between each defendant’s actions and the claimed deprivation. See May v. Enomoto, 633 F.2d
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164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
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Finally, plaintiff is warned that failure to file an amended complaint within the
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time provided in this order may be grounds for dismissal of this action. See Ferdik, 963 F.2d at
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1260-61; see also Local Rule 110. Plaintiff is further warned that a complaint which again fails
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to comply with Rule 8 will, in the court’s discretion, be dismissed with prejudice pursuant to Rule
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41(b). See Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 673 (9th Cir. 1981).
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V. CONCLUSION
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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s first amended complaint is dismissed with leave to amend; and
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Plaintiff shall file a second amended complaint within 30 days of the date
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of service of this order
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Dated: March 13, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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