Wright v. City of Vallejo

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, IMPROPER VENUE, AND FAILURE TO STATE A CLAIM; DIRECTING THAT ANY AMENDED COMPLAINT BE FILED IN THE EASTERN DISTRICT OF CALIFORNIA (Illston, Susan) (Filed on 10/29/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHARLES WRIGHT,

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United States District Court
For the Northern District of California

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No. C 12-3473 SI

Plaintiff,
v.
CITY OF VALLEJO, et al.,
Defendants.

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/

ORDER ADOPTING REPORT AND
RECOMMENDATION TO DISMISS FOR
LACK OF SUBJECT MATTER
JURISDICTION, IMPROPER VENUE,
AND FAILURE TO STATE A CLAIM;
DIRECTING THAT ANY AMENDED
COMPLAINT BE FILED IN THE
EASTERN DISTRICT OF CALIFORNIA

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Plaintiff Charles Wright, acting pro se and in forma pauperis, filed a complaint against the City

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of Vallejo, Mayor Osby Davis, Corporal John Garcia of the Vallejo Police Department, Senior Claim

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Adjuster Sheri Granata, his mother Eurline Wright, James Allen Nutt, his child’s mother Katina Boyd,

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and Watch Commander of the Vallejo Police Department. Defendants City of Vallejo, Mayor Osby

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Davis, Corporal John Garcia, and Watch Commander moved to dismiss the complaint. Plaintiff Wright

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failed to oppose the motion to dismiss.

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On September 26, 2012, Magistrate Judge Cousins filed a Report and Recommendation

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recommending that the Court grant the defendants’ motion to dismiss for lack of subject matter

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jurisdiction, improper venue, and failure to state a claim for relief, and that plaintiff Wright be given

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leave to amend his complaint to cure the jurisdictional, venue, and pleading deficiencies. Additionally,

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Judge Cousins recommends that the claims against Eurline Wright be dismissed with prejudice because

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an amendment of the complaint would be unlikely to cure his failure to state a claim for relief against

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his mother. Plaintiff did not file an objection to the Report and Recommendation.

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The Court has reviewed the Report and Recommendation, the complaint, and the motion to

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dismiss, and concludes that the complaint and defendant Eurline Wright should be dismissed for the

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reasons set forth in the Report and Recommendation. Accordingly, the Court ADOPTS the Report and

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Recommendation.

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The claims against defendant Eurline Wright are DISMISSED WITHOUT LEAVE TO

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AMEND. The balance of the complaint is DISMISSED WITH LEAVE TO AMEND. Any amended

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complaint must be filed in the Eastern District of California (mailing address U.S. District Courthouse,

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501 “I” Street, Sacramento, CA 95814). Any amended complaint must be filed no later than

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November 30, 2012.
Plaintiff filed a document requesting that this case “stay in San Francisco.” This is not possible,

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since the claims against the City of Vallejo and the other defendants all appear to have arisen in Vallejo,

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United States District Court
For the Northern District of California

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which is in the Eastern District of California, headquartered in Sacramento. It also appears that plaintiff

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is currently living in Vallejo. There are state courts located in Vallejo, if plaintiff decided to bring his

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state-law based claims in state court, rather than federal court.

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IT IS SO ORDERED.

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Dated: October 29, 2012

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SUSAN ILLSTON
United States District Judge

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