(PS) Charles v. U.S. Office of Personnel Management et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 11/14/2023 DIRECTING Plaintiff to file a Second Amended Complaint within 30 days from the date of this Order.(Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CASSANDRA B. CHARLES,

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Plaintiff,

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No. 2:23-cv-02200 DAD AC PS

v.

ORDER

U.S. OFFICE OF PERSONNEL
MANAGEMENT, et. al.,
Defendants.

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Plaintiff is proceeding in this action pro se. This matter was accordingly referred to the

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undersigned by E.D. Cal. 302(c)(21). Plaintiff filed a request for leave to proceed in forma

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pauperis (“IFP”) pursuant to 28 U.S.C. § 1915, and that motion was previously granted. See 28

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U.S.C. § 1915(a)(1), ECF No. 3. The court rejected plaintiff’s original complaint pursuant to the

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screening process associated with IFP status, but granted leave to amend. ECF No. 3. Plaintiff

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has now filed her first amended complaint, which she titled “Short and Plain Statement.” ECF

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No. 4.

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I. SCREENING STANDARDS
The federal IFP statute requires federal courts to dismiss a case if the action is legally

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“frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).
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Plaintiff must assist the court in determining whether or not the complaint is frivolous, by drafting

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the complaint so that it complies with the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”).

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Under the Federal Rules of Civil Procedure, the complaint must contain (1) a “short and plain

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statement” of the basis for federal jurisdiction (that is, the reason the case is filed in this court,

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rather than in a state court), (2) a short and plain statement showing that plaintiff is entitled to

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relief (that is, who harmed the plaintiff, and in what way), and (3) a demand for the relief sought.

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Fed. R. Civ. P. 8(a). Plaintiff’s claims must be set forth simply, concisely and directly. Fed. R.

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Civ. P. 8(d)(1).

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A claim is legally frivolous when it lacks an arguable basis either in law or in fact.

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Neitzke v. Williams, 490 U.S. 319, 325 (1989). In reviewing a complaint under this standard, the

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court will (1) accept as true all of the factual allegations contained in the complaint, unless they

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are clearly baseless or fanciful, (2) construe those allegations in the light most favorable to the

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plaintiff, and (3) resolve all doubts in the plaintiff’s favor. See Neitzke, 490 U.S. at 327; Von

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Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 (9th Cir. 2010), cert.

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denied, 564 U.S. 1037 (2011).

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The court applies the same rules of construction in determining whether the complaint

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states a claim on which relief can be granted. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (court

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must accept the allegations as true); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (court must

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construe the complaint in the light most favorable to the plaintiff). Pro se pleadings are held to a

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less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520

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(1972). However, the court need not accept as true conclusory allegations, unreasonable

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inferences, or unwarranted deductions of fact. Western Mining Council v. Watt, 643 F.2d 618,

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624 (9th Cir. 1981). A formulaic recitation of the elements of a cause of action does not suffice

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to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007); Ashcroft v. Iqbal,

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556 U.S. 662, 678 (2009). To state a claim on which relief may be granted, the plaintiff must

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allege enough facts “to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at

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570. “A claim has facial plausibility when the plaintiff pleads factual content that allows the

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court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”

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Iqbal, 556 U.S. at 678.

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A pro se litigant is entitled to notice of the deficiencies in the complaint and an

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opportunity to amend unless the complaint’s deficiencies could not be cured by amendment. See

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Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987).

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II. SCREENING THE AMENDED COMPLAINT

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Plaintiff asserts that federal jurisdiction exists because the parties are part of the Federal

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Government, though plaintiff does not expressly identify the parties. ECF No. 4 at 1. Plaintiff

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alleges she is entitled to relief because the U.S. Office of Personnel Management and its

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employees are responsible for “providing vested annuities retirement payment per contact.” Id.

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Plaintiff states that the new online portal for account holders has caused a range of problems and

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complaints that include access and payment issues, including retirement fund transfers not being

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sent to individual banking accounts. Id. Plaintiff alleges she has been unable to access her

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account funds, has experienced long wait times when trying to contact the office, and still has not

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received her account information, annuity payments, or her 1099 R statements. Id. at 1-2.

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Plaintiff seeks a lump sum annuity retirement payout, a future payout, and access to her annuity

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retirement account. Id. at 2. Plaintiff does not identify any specific legal cause of action.

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Plaintiff’s First Amended Complaint cannot be served because it does not state any legal

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cause of action upon which relief can be granted. “Failure to state a claim under § 1915A

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incorporates the familiar standard applied in the context of failure to state a claim under Federal

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Rule of Civil Procedure 12(b)(6).” Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012)

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(citations omitted). To survive dismissal for failure to state a claim, a complaint must contain

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more than “a formulaic recitation of the elements of a cause of action;” it must contain factual

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allegations sufficient “to raise a right to relief above the speculative level.” Twombly, 550 U.S.

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at 555 (citations omitted). “[T]he pleading must contain something more ... than ... a statement of

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facts that merely creates a suspicion [of] a legally cognizable right of action.” Id. (alteration in

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original) (quoting 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure §

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1216 (3d ed. 2004)).
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“[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to

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relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting

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Twombly, 550 U.S. at 570). “A claim has facial plausibility when the plaintiff pleads factual

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content that allows the court to draw the reasonable inference that the defendant is liable for the

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misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). In reviewing a complaint under this

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standard, the court must accept as true the allegations of the complaint in question, Hosp. Bldg.

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Co. v. Trs. of the Rex Hosp., 425 U.S. 738, 740 (1976) (citation omitted), as well as construe the

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pleading in the light most favorable to the plaintiff and resolve all doubts in the plaintiff's favor,

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Jenkins v. McKeithen, 395 U.S. 411, 421 (1969) (citations omitted).

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Here, plaintiff’s amended complaint fails to state a claim because it does not identify any

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causes of action. Plaintiff does not identify any basis for relief in court. Without any legal cause

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of action, there is no relief this court can provide. Further, the amended complaint is incomplete

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because it does not properly identify the parties. For these reasons, the amended complaint

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cannot be served as currently drafted.

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III. AMENDING THE COMPLAINT
Plaintiff will be given a final opportunity to file a serviceable amended complaint. As

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plaintiff was previously instructed, an amended complaint must contain a short and plain

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statement of plaintiff’s claims. To further clarify, the complaint must also be complete and

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include claims for legal relief. That is, it must state what the defendants did that harmed the

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plaintiff, and why that action is a violation of law that this court can redress. The amended

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complaint must not force the court and the defendants to guess at what is being alleged against

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whom. See McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996) (affirming dismissal of a

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complaint where the district court was “literally guessing as to what facts support the legal claims

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being asserted against certain defendants”). To the extent possible, plaintiff should provide the

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information identified as missing above.

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An amended complaint must be complete without reference to any prior pleading. Local

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Rule 220. This is because, as a general rule, an amended complaint supersedes the original and

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prior complaint. See Pacific Bell Tel. Co. v. Linkline Communications, Inc., 555 U.S. 438, 456
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n.4 (2009) (“[n]ormally, an amended complaint supersedes the original complaint”) (citing 6 C.

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Wright & A. Miller, Federal Practice & Procedure § 1476, pp. 556-57 (2d ed. 1990)). Therefore,

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an amended complaint, as in an original complaint, each claim and the involvement of each

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defendant must be sufficiently alleged.

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IV. PLAIN LANGUAGE SUMMARY FOR PRO SE PLAINTIFF
Your amended complaint cannot be served because it is incomplete and because it does

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not identify any legal causes of action. You are being given a final opportunity to submit an

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amended complaint that this court can serve. You must file this second amended complaint

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within 30 days. The second amended complaint should be simple, concise, and direct. You

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should provide information that clearly states (1) the basis for federal jurisdiction, (2) the alleged

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harm you suffered and how each defendant harmed you, and (3) the laws that you believe were

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violated, and (4) the relief you are seeking. The amended complaint should briefly provide the

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necessary information, following the directions above.

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V. CONCLUSION
Accordingly, IT IS HEREBY ORDERED that:
1. The first amended complaint (ECF No. 4) fails to state a claim upon which relief can be
granted and will not be served;

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2. Plaintiff must file a second amended complaint within 30 days from the date of this order.

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If plaintiff fails to timely comply with this order, the undersigned may recommend that this action

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be dismissed for failure to prosecute.

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IT IS SO ORDERED.

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DATED: November 14, 2023

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