(PS) Wenzler v. Civil Sheriff's Bureau et al

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/11/2025 GRANTING 2 Motion to Proceed IFP; DISMISSING 1 Complaint; and GRANTING 30 days to file an Amended Complaint. (Deputy Clerk KEZ)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH ROSE WENZLER,

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No. 2:24-cv-02561-DAD-CKD PS

Plaintiff,

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ORDER

v.

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CIVIL SHERIFF’S BUREAU, et al.,

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Defendants.

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Plaintiff, Elizabeth Rose Wenzler, proceeds without counsel and seeks relief for an

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alleged violation of her federal civil rights based on “misconduct, bad faith, [and] very poor

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service from police.” (ECF No. 1) 1 Plaintiff’s complaint was filed on September 23, 2024, and is

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before the court for screening. As set forth below, the allegations in the complaint do not state a

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claim, but plaintiff is granted 30 days from service of this order to file an amended complaint.

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Plaintiff has also filed an application in support of a request to proceed in forma pauperis.

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(ECF No. 2.) The application makes the showing required by 28 U.S.C. § 1915. The motion to

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proceed in forma pauperis is therefore granted.

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This matter is before the undersigned pursuant to Local Rule 302(c)(21). See 28 U.S.C. §
636(b)(1).
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I.

Screening Requirement

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Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis

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proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a

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claim on which relief may be granted,” or “seeks monetary relief against a defendant who is

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immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1126-27

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(2000). 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 accepts as true the factual allegations contained in the complaint, unless they are clearly

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baseless or fanciful, and construes those allegations in the light most favorable to the plaintiff.

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See Neitzke, 490 U.S. at 327; Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d

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954, 960 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011).
Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines

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v. Kerner, 404 U.S. 519, 520 (1972). However, the court need not accept as true conclusory

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allegations, unreasonable inferences, or unwarranted deductions of fact. Western Mining Council

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v. Watt, 643 F.2d 618, 624 (9th Cir. 1981). A formulaic recitation of the elements of a cause of

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action does not suffice to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57

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(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 facial

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plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable

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inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. A pro se

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litigant is entitled to notice of the deficiencies in the complaint and an opportunity to amend

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unless the complaint’s deficiencies could not be cured by amendment. See Noll v. Carlson, 809

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F.2d 1446, 1448 (9th Cir. 1987), superseded on other grounds by statute as stated in Lopez v.

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Smith, 203 F.3d 1122 (9th Cir. 2000) (en banc).

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II.

Plaintiff’s Allegations
Plaintiff’s allegations are difficult to discern, but it appears that “court papers” were not

served “correctly.” (ECF No. 1 at 8.) Plaintiff further alleges a violation of her federal civil rights
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based on the police not acting appropriately in a variety of situations. Specifically, she asserts that

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although she was granted three restraining orders, the “Sacramento Police Department did not list

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[them] in the computer.” (Id. at 21.) The court is unable to discern whether the subjects of the

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restraining orders violated them, or that plaintiff communicated any breach to the police.

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III.

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The complaint fails to state a claim.
To state a claim under the Civil Rights Act, 42 U.S.C. § 1983, a plaintiff must allege two

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essential elements: (1) that a right secured by the Constitution or laws of the United States was

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violated, and (2) that the alleged violation was committed by a person acting under the color of

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state law. West v. Atkins, 487 U.S. 42, 48 (1988). While plaintiff’s complaint describes her

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dissatisfaction with the actions of the police, she fails to provide sufficient information for the

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court to understand her allegations. For a complaint to be clear, it should provide the who, what,

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where, and why of the circumstances a plaintiff wishes the court to address. Without that

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information, a complaint cannot proceed.

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IV.

Conclusion and Order
The complaint fails to state a claim for a violation of plaintiff’s federal civil rights and

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must be dismissed. Plaintiff is granted leave to file an amended complaint within the time frame

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set forth below. See Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th Cir. 1995); Fed. R. Civ. P.

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15(a) (Leave to amend should be “freely given when justice so requires.”).

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If plaintiff elects to file an amended complaint, it should be titled “First Amended

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Complaint” and reference the appropriate case number. An amended complaint must be complete

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

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1967); Local Rule 220. If plaintiff elects to file an amended complaint, the complaint should

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allege in specific terms how each named defendant is involved in the alleged violations.

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In accordance with the above, IT IS ORDERED:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is granted.

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2. Plaintiff’s complaint (ECF No. 1) is dismissed for failure to state a claim.

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3. Plaintiff is granted thirty (30) days from the date of service of this order to file an

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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 “First Amended Complaint”; plaintiff is cautioned that failure to file

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an amended complaint or otherwise respond to this order will result in a recommendation that this

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action be dismissed.

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Dated: March 11, 2025
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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CKDWenzler2571.srn

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