(PS) Serris v. Solano County et al
Filing
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ORDER signed by Magistrate Judge Sean C. Riordan on 1/27/25 DIRECTING Plaintiff to file a amended complaint labeled "Second Amended Complaint", within 30 days from the date of this order. (Deputy Clerk VLC)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BILL JOSEPH SERRIS,
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No. 2:24-cv-02251-DAD-SCR
Plaintiff,
v.
ORDER
SOLANO COUNTY, et al.,
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Defendants.
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Plaintiff is proceeding pro se in this action, which is referred to the undersigned pursuant
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to Local Rule 302(c)(21). The Court previously granted Plaintiff’s motion for leave to proceed in
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forma pauperis and screened his complaint pursuant to 28 U.S.C. § 1915(a)(1). ECF No. 3. The
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Court gave Plaintiff leave to file an amended complaint. Plaintiff filed a First Amended
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Complaint (“FAC”) on December 4, 2024. The Court has reviewed the FAC and finds it is
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legally deficient but will grant Plaintiff leave to file a second amended complaint.
I. SCREENING
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A.
Legal Standard
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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). In
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reviewing the complaint, the Court is guided by the requirements of the Federal Rules of Civil
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Procedure. Under the Federal Rules of Civil Procedure, the complaint must contain (1) a “short
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and plain statement” of the basis for federal jurisdiction (that is, the reason the case is filed in this
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court, rather than in a state court), (2) a short and plain statement showing that plaintiff is entitled
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to relief (that is, who harmed the plaintiff, and in what way), and (3) a demand for the relief
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sought. Fed. R. Civ. P. 8(a). Plaintiff’s claims must be set forth simply, concisely and directly.
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Fed. R. Civ. P. 8(d)(1). Forms are available to help pro se plaintiffs organize their complaint in
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the proper way. They are available at the Clerk’s Office, 501 I Street, 4th Floor (Rm. 4-200),
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Sacramento, CA 95814, or online at www.uscourts.gov/forms/pro-se-forms.
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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. Erickson, 551 U.S. at 94. However, the
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court need not accept as true legal conclusions, even if cast as factual allegations. See Moss v.
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U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). A formulaic recitation of the elements of
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a cause of action does not suffice to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544,
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555-57 (2007); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
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To state a claim on which relief may be granted, the plaintiff must allege enough facts “to
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state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has
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facial plausibility when the plaintiff pleads factual content that allows the court to draw the
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reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at
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678. A pro se litigant is entitled to notice of the deficiencies in the complaint and an opportunity
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to amend, unless the complaint’s deficiencies could not be cured by amendment. See Akhtar v.
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Mesa, 698 F.3d 1202, 1213 (9th Cir. 2012).
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B.
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Plaintiff’s FAC, in the caption, names as defendants Solano County and seven individuals.
The First Amended Complaint
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ECF No. 4 at 12. Plaintiff alleges that he is a disabled veteran and was discriminated against
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“during divorce proceedings in the Solano County Superior Court” (the “Superior Court”). ECF
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No. 4 at ¶ 1. Plaintiff claims violation of Title II of the Americans with Disabilities Act (ADA)
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and a violation of Due Process under the Fourteenth Amendment. Id. Plaintiff alleges he was
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denied meaningful access to his divorce proceedings by the Superior Court “[c]onducting critical
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hearings without effective accommodation for his hearing loss, Issuing orders and making
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decisions without ensuring his comprehension, Forcing him to perform physical labor on the
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community home despite his documented disabilities,” and retaliating against him for seeking
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accommodation. Id. at ¶ 4.
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The individual Defendants named include: 1) Judge Shauna Chastaine; 2) ADA
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coordinator for Solano County Arline Lisinki; 3) Sandy Serris, Plaintiff’s ex-wife; 4) Linda
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Garrett, Plaintiff’s attorney; 5) Sarah Russo, opposing counsel in divorce proceedings; 6) Amy
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Page, a realtor who sold marital property.1 Plaintiff alleges his divorce proceedings commenced
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in 2015. ECF No. 4 at ¶ 34. Plaintiff was represented by counsel in these proceedings, but
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claims the Superior Court failed to provide him with functional hearing assistance. Id. at ¶¶ 35-
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36. The FAC then lists “specific instances of discrimination” that occurred in 2022. Id. at ¶¶ 37-
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The FAC is incomplete.2 For example, at paragraph 95, Plaintiff states “there is a lot
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more,” but he is not including it for brevity and because it is “horrid and embarrass” [sic]. ECF
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No. 4 at 95. Plaintiff also states he “will redraft this portion soon,” when referring to his “Causes
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A seventh individual Defendant is named in the caption, Jennifer Busby, but she is not listed in
the parties section (¶¶ 13-21). She is described elsewhere in the FAC as a “court clerk” (¶ 57).
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Plaintiff’s original complaint was also incomplete and Plaintiff stated he was “lodging this
complaint to secure his rights and shall amend and refile shortly as he is able.” ECF No. 1 at ¶1.
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of Action” section. Id. at ¶ 96. The “Causes of Action” section does not describe any causes of
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action. The relief requested section does not seek any specific injunctive relief and does not seek
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monetary relief. It only seeks to “proceed to discovery,” accommodations in this Court, and such
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other relief as it just and proper. ECF No. 4 at 11-12.
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C.
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Plaintiff’s FAC is incomplete and fails to state a claim upon which relief can be granted.
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As set forth above, the “Causes of Action” portion of the FAC does not list any causes of action.
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The FAC also fails to comply with Federal Rule of Civil Procedure 8(a)(3) as it does not seek
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specific relief. Plaintiff’s original complaint stated he was bringing the action under 42 U.S.C. §
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1983; Plaintiff now states he is pursuing an ADA claim and a due process claim. Plaintiff’s due
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process claim would still be a § 1983 claim. In order to state a claim under section 1983, a
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plaintiff is required to plead that (1) a defendant acting under color of state law (2) deprived
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plaintiff of rights secured by the Constitution or federal statutes. Benavidez v. County of San
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Diego, 993 F.3d 1134, 1144 (9th Cir. 2021).
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Analysis
It appears Plaintiff is seeking to sue a state court judge, other court employees, his ex-
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wife, private attorneys, and realtor under § 1983 for violating his Due Process rights. Several of
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these individuals are not alleged to be acting under color of state law – such as Plaintiff’s ex-wife,
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realtor, and the attorneys involved in a divorce proceeding. Generally, private parties are not
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acting under color of state law. See Price v. Hawaii, 939 F.2d 702, 707-08 (9th Cir. 1991);
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Simmons v. Sacramento County Sup. Ct., 318 F.3d 1156, 1161 (9th Cir. 2003) (explaining that a
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lawyer in private practice generally does not act under color of state law).
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Additionally, some of the Defendants would have immunity in a lawsuit for damages.
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“Judges are absolutely immune from damages actions for judicial acts taken within the
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jurisdiction of their courts.” Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988).
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Plaintiff has also sued a court clerk. “Court clerks have absolute quasi-judicial immunity from
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damages for civil rights violations when they perform tasks that are an integral part of the judicial
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process.” Acres Bonusing, Inc. v. Marston, 17 F.4th 901, 916 (9th Cir. 2021). Plaintiff could not
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successfully assert a § 1983 claim against Solano County Superior Court because the court has
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Eleventh Amendment immunity. See Simmons, 318 F.3d 1156, 1161 (9th Cir. 2003) (“Plaintiff
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cannot state a claim against the Sacramento County Superior Court (or its employees), because
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such suits are barred by the Eleventh Amendment.”).
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Plaintiff also alleges he is bringing a claim under Title II of the ADA. In order to
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show that a public program or service violated Title II of the ADA, “a plaintiff must show: (1) he
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is a ‘qualified individual with a disability’; (2) he was either excluded from participation in or
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denied the benefits of a public entity’s services, programs, or activities, or was otherwise
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discriminated against by the public entity; and (3) such exclusion, denial of benefits, or
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discrimination was by reason of his disability.” Duvall v. County of Kitsap, 260 F.3d 1124, 1135
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(9th Cir. 2001). Plaintiff has alleged he is disabled and that he was denied meaningful
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participation in the divorce proceedings. Plaintiff may be able to state a claim concerning denial
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of reasonable accommodation for his hearing loss. See Duvall, 260 F.3d at 1136-37. However,
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as currently pled, Plaintiff fails to state a claim. Plaintiff has not alleged specific facts showing
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that he was excluded from participation in or denied the benefits of the Superior Court’s services,
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programs, or activities, or was otherwise discriminated against by the Superior Court. In order to
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do so, Plaintiff must do more than assert legal conclusions cast as factual allegations.
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The FAC also fails to seek clear relief. At one point, Plaintiff states he seeks “prospective
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injunctive relief” (ECF No. 4 at ¶ 8), but that relief is not described. Plaintiff alleges the divorce
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proceedings began in 2015 and most of the actions complained of occurred in 2022. ECF No. 4
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at ¶¶ 36-44. It is unclear if the state court proceedings continue, and what prospective relief
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Plaintiff seeks. The “irreducible constitutional minimum of standing consists of three elements”:
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1) plaintiff must have suffered injury in fact; 2) that is fairly traceable to the challenged conduct
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of defendant; and 3) that is likely to be redressed by a favorable judicial decision. Spokeo, Inc. v.
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Robins, 578 U.S. 330, 338 (2016) (internal citations omitted). The only relief sought is for
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“discovery” and “accommodations in this Federal Court for disabilities relevant.” ECF No. 4 at
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12. A plaintiff’s burden to demonstrate redressability is “relatively modest,” but the plaintiff
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must “show a substantial likelihood that the relief sought would redress the injury.” M.S. v.
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Brown, 902 F.3d 1076, 1083 (9th Cir. 2018). The Court does not suggest Plaintiff cannot
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establish redressability, but rather his current request for relief does not seek relief that would
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redress his alleged injury.
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The FAC thus does not comply with Federal Rule of Civil Procedure 8(a) as it does not
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contain a “short and plain” statement showing Plaintiff’s entitlement to relief. The FAC fails to
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state a claim and is subject to dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff
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appears to recognize the FAC is incomplete and states he “will redraft this portion soon,” and that
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“there is a lot more”. ECF No. 4 at ¶¶ 95-96. Plaintiff is reminded that a complaint need not be
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lengthy, Federal Rule of Civil Procedure 8 calls for a “short and plain” statement. However,
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Plaintiff must also plead more than conclusory statements. Paragraphs 77 to 94 of the FAC
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consist largely of brief, conclusory phrases such as: “Systematic Discrimination and Retaliation;”
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“Pattern of denying or ignoring accommodation requests;” and “Continued discrimination in
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court proceedings.” Rather than recommending dismissal of the action, the undersigned will
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provide Plaintiff an opportunity to amend the complaint to allege facts supporting a cognizable
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cause of action and to allow Plaintiff to “redraft” and complete his pleading.
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II. AMENDING THE COMPLAINT
If plaintiff chooses to amend the complaint, it must contain a short and plain statement of
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plaintiff’s claims. The allegations of the complaint must be set forth in sequentially numbered
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paragraphs, with each paragraph number being one greater than the one before, each paragraph
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having its own number, and no paragraph number being repeated anywhere in the complaint.
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Each paragraph should be limited “to a single set of circumstances” where possible. Rule 10(b).
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As noted above, forms are available to help plaintiffs organize their complaint in the proper way.
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They are available at the Clerk’s Office, 501 I Street, 4th Floor (Rm. 4-200), Sacramento, CA
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95814, or online at www.uscourts.gov/forms/pro-se-forms.
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In amending the complaint, Plaintiff should keep in mind that federal district courts do not
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have jurisdiction to review final state court judgments. See Rooker v. Fid. Trust Co., 263 U.S.
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413 (1923). The Rooker-Feldman doctrine prevents “a party losing in state court … from seeking
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what in substance would be appellate review of the state judgment in a United States district
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court.” Henrich v. Valley View Dev., 474 F.3d 609, 611 (9th Cir. 2009); see also Ignacio v.
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Judges of U.S. Court of Appeals, 453 F.3d 1160, 1165-66 (9th Cir. 2006) (affirming dismissal
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“because the complaint is nothing more than another attack on the California superior court’s
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determination in [the plaintiff’s] domestic case.”). Divorce proceedings are traditional matters of
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state law for determination in state court. Thus, while Plaintiff may be able to seek review of
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practices used by the Superior Court in connection with his Superior Court proceeding, he cannot
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seek direct review of the outcome of that proceeding.
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The amended complaint must not force the court and the defendants to guess at what is
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being alleged against whom. See McHenry v. Renne, 84 F.3d 1172, 1177-80 (9th Cir. 1996)
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(affirming dismissal of a complaint where the district court was “literally guessing as to what
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facts support the legal claims being asserted against certain defendants”). The amended
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complaint should contain specific allegations as to the actions of each named defendant.
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Also, the amended complaint must not refer to a prior pleading in order to make plaintiff’s
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amended complaint complete. An amended complaint must be complete in itself without
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reference to any prior pleading. Local Rule 220. This is because, as a general rule, an amended
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complaint supersedes the original complaint. See Pacific Bell Tel. Co. v. Linkline
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Communications, Inc., 555 U.S. 438, 456 n.4 (2009) (“[n]ormally, an amended complaint
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supersedes the original complaint”) (citing 6 C. Wright & A. Miller, Federal Practice &
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Procedure § 1476, pp. 556-57 (2d ed. 1990)). Therefore, in an amended complaint, as in an
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original complaint, each claim and the involvement of each defendant must be sufficiently
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alleged.
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III. CONCLUSION
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff shall have 30 days from the date of this order to file a further amended
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complaint that addresses the defects set forth above. The amended complaint shall be
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labeled “Second Amended Complaint.” Plaintiff shall file a complete pleading and not
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assume he will be allowed to “redraft” or complete it later through a further opportunity to
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amend. If Plaintiff requires additional time to complete the Second Amended Complaint
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he may file a motion for extension of time. If Plaintiff fails to timely comply with this
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order, the undersigned may recommend that this action be dismissed.
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2. Alternatively, if plaintiff no longer wishes to pursue this action plaintiff may file a notice
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of voluntary dismissal of this action pursuant to Rule 41 of the Federal Rules of Civil
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Procedure.
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SO ORDERED.
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DATED: January 27, 2025.
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