(PS) Reedy v. State of California et al

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/2021 GRANTING 6 Request for late filing; DEEMING the First Amended Complaint as filed timely and DISMISSING the 7 First Amended Complaint with leave to amend. Plaintiff is GRANTED 30 days from the date of service of this order to file a second amended complaint that complies with the requirements of the Federal Rules of Civil Procedure and the Local Rules of Practice. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUSTIN G. REEDY,

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Plaintiff,

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No. 2:21-cv-00223-TLN-CKD (PS)

ORDER

v.
STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiff proceeds pro se in this civil rights action which was referred to the undersigned

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by Local Rule 302(c)(21). Plaintiff’s first amended complaint is before the court for screening.

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See 28 U.S.C. § 1915(e).

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I.

PLAINTIFF’S ALLEGATIONS

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Plaintiff alleges that existing statutes, regulations, policies and procedures for the

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implementation of the California Work Opportunity and Responsibility to Kids program

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(“CalWORKs”) preclude single fathers from having equal access to public benefits intended for

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the support and care of dependent children. Plaintiff alleges that the regulatory framework

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discriminates on the basis of gender and has otherwise violated his rights.

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The first amended complaint specifies five causes of action, as follows:

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1. 28 U.S.C. § 1983: Fourteenth Amendment (Due Process)

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2. 28 U.S.C. § 1983: Fourteenth Amendment (Equal Protection)
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3. Title IX of the Educational Amendments of 1972 (Deprivation of Equal Educational

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Opportunities through Federally Funded Programs)

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4. California Constitution, Art. I, § 7 (Equal Protection)

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5. California Constitution, Art. I, § 7 (Due Process)

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For relief, plaintiff seeks declaratory judgment, injunctive relief and damages. The first

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amended complaint names as defendants the following individuals: Gavin Newsom- Governor of

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the State of California, Dr. Mark Ghaly- Secretary of Health and Human Services, Kim Johnson-

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Director of California Department of Social Services, Ann Edwards- Former Director of the

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Department of Human Assistance, and Ethan Dye- Acting Director of the Department of Human

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Assistance.

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II.

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THE PARAGRAPHS IN THE AMENDED COMPLAINT MUST BE
SEQUENTIALLY NUMBERED
The first amended complaint has corrected the main deficiency identified in the prior

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complaint by specifying which defendants are alleged to be liable in which causes of action. The

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first amended complaint does not, however, contain numbered paragraphs as did the original

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complaint. This omission will need to be corrected in order for the amended complaint to be

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screened and, if appropriate, served on any defendant.

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A complaint must contain a “short and plain statement of the claim showing that the

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pleader is entitled to relief,” and “[e]ach allegation must be simple, concise, and direct.” Fed. R.

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Civ. P. 8(a), (d). “[T]he short and plain statement must provide the defendant with fair notice of

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what the plaintiff's claim is and the grounds upon which it rests.” Dura Pharms., Inc. v. Broudo,

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544 U.S. 336, 346 (2005) (internal citations omitted). To further this purpose, Rule 10 of the

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Federal Rules of Civil Procedure requires that a party “state its claims ...in numbered paragraphs,

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each limited as far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b). “A later

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pleading may refer by number to a paragraph in an earlier pleading.” Id.

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Sequential numbering of the paragraphs is necessary so that any responsive pleading filed

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can identify, by reference to the paragraph number or numbers, which content is being admitted

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or denied. Accordingly, in order to proceed, plaintiff will need to file a second amended
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complaint in which the factual allegations are set forth in sequentially numbered paragraphs, with

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each paragraph number being one greater than the one before, each paragraph having its own

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number, and no paragraph number being repeated anywhere in the complaint.

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If plaintiff elects to file an amended complaint, it shall be captioned “Second Amended

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Complaint.” In any amended complaint, plaintiff must allege with some degree of particularity

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the specific acts each defendant engaged in that support plaintiff’s claim, see Jones v. Community

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Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984), and must make clear which defendants are

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being sued for what conduct, and in which causes of action, see McHenry v. Renne, 84 F.3d

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1172, 1178-80 (9th Cir. 1996).
Plaintiff is reminded that Local Rule 220 requires an amended complaint to be complete

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in itself without reference to any prior pleading. See also Loux v. Rhay, 375 F.2d 55, 57 (9th Cir.

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1967). Therefore, in any amended complaint, as in an original complaint, each claim and the

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involvement of each defendant must be sufficiently alleged.

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III.

CONCLUSION

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In accordance with the above, IT IS HEREBY ORDERED:

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1. Plaintiff’s request to accept late filing (ECF No. 6) on account of illness is granted and

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the first amended complaint is deemed timely filed;

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2. Plaintiff’s first amended complaint (ECF No. 7) is dismissed with leave to amend; and

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3. Plaintiff is granted thirty days from the date of service of this order to file a second

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amended complaint that complies with the requirements of the Federal Rules of Civil Procedure

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and the Local Rules of Practice; the amended complaint must bear the docket number assigned

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this case and must be labeled “Second Amended Complaint”; failure to file an amended

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complaint in accordance with this order will result in a recommendation that this action be

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dismissed.

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Dated: July 14, 2021

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8.reedy21cv223.screen.fac

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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