(PC) Kyle v. California Victim Compensation Board
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/7/21 ORDERING that the complaint is dismissed with leave to amend and 5 the findings and recommendations are ADOPTED in PART to that extent. Any amended complaint must be filed within 60 days. This matter is REFERRED again to the assigned magistrate judge for all pretrial purposes. (Kastilahn, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Donta Ladeal Kyle,
California Victim Compensation Board, et al.,
Donta Ladeal a Kyle, a state prisoner proceeding pro se, has filed this civil rights action
seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 9, 2021, the magistrate judge filed findings and recommendations, which were
served on plaintiff and which contained notice to plaintiff that any objections to the findings and
recommendations were to be filed within twenty-one days. F&Rs, ECF No. 5. The magistrate
judge recommends dismissing the complaint without leave to amend because the defendant, the
California Victim Compensation Board, is not a “person” under 42 U.S.C. § 1983. See generally
id. Kyle objects to the findings and recommendations, arguing he should be permitted to amend
his complaint to assert a claim against individual officers. See Objections, ECF No. 8.
State officials sued in their official capacity for injunctive relief are “persons” under
§ 1983. Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 (1989). State officials may also
be sued in their personal capacity under § 1983. Hafer v. Melo, 502 U.S. 21, 31 (1991). The
court cannot conclude on this record that Kyle’s proposed amendment would be futile, and Rule
15(a) imposes a “very liberal” policy in favor of amendment. AmerisourceBergen Corp. v.
Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006). The complaint is thus dismissed with
leave to amend, and the findings and recommendations are adopted in part to that extent. Any
amended complaint must be filed within 60 days. This matter is referred again to the assigned
magistrate judge for all pretrial purposes.
IT IS SO ORDERED.
DATED: June 7, 2021.
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?