Lopes v. City of Livermore, California et al

Filing 6

ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH LEAVE TO AMEND. The deadline to file a First Amended Complaint is October 31, 2008. Signed by Judge Maxine M. Chesney on September 29, 2008. (mmclc2, COURT STAFF) (Filed on 9/29/2008)

Download PDF
1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court are plaintiff's complaint and application to proceed in forma pauperis, both filed September 23, 2008. When a party seeks to proceed in forma pauperis, the district court is required to dismiss the case if the court determines the complaint fails to state a claim upon which relief can be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). Here, plaintiff's complaint fails to allege his constitutional rights were violated pursuant to an official policy, practice, or custom of defendants, and, consequently, the complaint fails to state a claim. See Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690 (1978); Christie v. Iopa, 176 F.3d 1231, 1235 (9th Cir. 1999) ("Congress intended to hold municipalities liable only when `action pursuant to official municipal policy of some nature caused a constitutional tort.'") (quoting Monell, 436 U.S. at 691). Accordingly, plaintiff's complaint is hereby DISMISSED, with leave to file, no later v. CITY OF LIVERMORE, et al., Defendants. / CORNELIUS LOPES, Plaintiff , No. C-08-4433 MMC ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH LEAVE TO AMEND United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 than October 31, 2008, a First Amended Complaint curing the deficiencies noted. If plaintiff does not file a First Amended Complaint by the required date, the Court will dismiss the action. The Court will defer ruling on plaintiff's application to proceed in forma pauperis pending plaintiff's filing of a First Amended Complaint, if any. IT IS SO ORDERED. Dated: September 29, 2008 MAXINE M. CHESNEY United States District Judge 2

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?