Davis v. Evans et al

Filing 17

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 9/20/10. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 9/20/2010)

(PC) Davis v. Evans et al

Doc. 17

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*E-Filed 9/20/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BRYAN DAVIS, Plaintiff, v. M.S. EVANS, et al., Defendants. /

No. C 09-0717 RS (PR) ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND

INTRODUCTION This is a federal civil rights action filed by a pro se state prisoner pursuant to 42 U.S.C. § 1983. The Court now reviews the complaint pursuant to 28 U.S.C. § 1915A(a). BACKGROUND A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief. See id. § 1915A(b)(1),(2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988).
No. C 09-0717 RS (PR) ORDER DISMISSING COMPLAINT

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A "complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (quoting Twombly, 550 U.S. at 556). Furthermore, a court "is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged." Clegg v. Cult Awareness Network, 18 F.3d 752, 754­55 (9th Cir. 1994). To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). The complaint is long, rambling, and very difficult to read. Plaintiff must make a short and plain statement of the facts, alleging specific claims against specific defendants. Accordingly, the complaint is DISMISSED with leave to amend within thirty (30) days from the date this order is filed. In his amended complaint, plaintiff must include a separate section which gives a brief list of the claims against named defendants. In the statement of facts, plaintiff must organize his narrative by claim, with a header naming the claim and placing the relevant facts under that heading. Plaintiff is encouraged to double-space his statement of facts so as to make it easier to read. The first amended complaint must include the caption and civil case number used in this order (09-0717 RS (PR)) and the words FIRST AMENDED COMPLAINT on the first page. Because an amended complaint completely replaces the previous complaints, plaintiff must include in his first amended complaint all the claims he wishes to present and all of the defendants he wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Plaintiff may not incorporate material from the prior complaint by reference. Failure to file an amended complaint in accordance with this order will result in dismissal of this action without further notice to plaintiff.
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No. C 09-0717 RS (PR) ORDER DISMISSING COMPLAINT

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It is plaintiff's responsibility to prosecute this case. Plaintiff must keep the Court informed of any change of address by filing a separate paper with the clerk headed "Notice of Change of Address." He must comply with the Court's orders in a timely fashion or ask for an extension of time to do so. Failure to comply may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED. DATED: September 20, 2010 RICHARD SEEBORG United States District Judge

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No. C 09-0717 RS (PR) ORDER DISMISSING COMPLAINT