Yegorov v. Government USA

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 8/7/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations.(Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DMITRIY YEGOROV,

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No. 2:17-cv-1111 JAM GGH

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

GOVERNMENT USA,
Defendant.

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Plaintiff is appearing in this action based, apparently on 28 U.S.C. section 1983. On June

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5, 2017 this court entered an Order dismissing plaintiff’s original complaint, ECF No. 1, without

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prejudice for failure to adhere to the pleading rules in the federal district courts. ECF No. 3. In

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that Order the court laid out the requirements of Federal Rule of Civil Procedure 8 which calls for

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a simple, concise and direct set of allegations to support federal jurisdiction for this claim and

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directed that he file an Amended Complaint within 45 days of the issuance of the Order. Plaintiff

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filed his First Amended Complaint on July 21, 2017, but failed to cure the deficiencies found in

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the original Complaint.

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Plaintiff does lay out a number of personal injuries to both him and to his mother. He

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mentions that two of his relatives, Audrey and Katy Yegorov were “kidnapped” from their

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apartment and elementary school, ECF No. 4 at 2. He does not, however, name any individual

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person who participated in the act complained of. Something was apparently done to his mother,
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or perhaps his wife – Ms. Yegerov – involving an illegal arrest of an unnamed person. Id. at 3.

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As a result Mr. claims to have a damaged nervous system, which causes him pain in his legs ,

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neck, and hands among other things. Id. at 4.

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Unfortunately, plaintiff appears unable to identify any individual who allegedly visited

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these injuries on him and his loved ones. As noted in the court’s Order, ECF 3 at 3:16-4:1, unless

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plaintiff is able to state with specificity who injured him, when they injured him, what positions

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they hold that make them state actors amenable to suit under section 1983 (or Bivens), he fails to

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state a claim even under the less stringent standard of pleading imposed on pro se litigants.

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Haines v. Kerner, 404, U.S. 519, 520 (1972). The undersigned sees no hope that allowing another

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amendment will cure these deficiencies.
In light of the foregoing, IT IS HEREBY RECOMMENDED that: Plaintiff’s Amended
Complaint be DISMISSED without prejudice.
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, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge's Findings and Recommendations.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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

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DATED: August 7, 2017

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/s/ Gregory G. Hollows
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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