Baker v. State of California, Highway Patrol et al

Filing 26

ORDER by Judge Maria-Elena James DISMISSING WITHOUT PREJUDICE Amended Complaint; finding as moot 17 Motion to Dismiss; finding as moot 18 Motion to Dismiss (cdnS, COURT STAFF) (Filed on 3/13/2013) (Additional attachment(s) added on 3/13/2013: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).

Download PDF
1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 GILDA BAKER 5 No. C 13-073 MEJ Plaintiff, v. 6 7 STATE OF CALIFORNIA HIGHWAY PATROL, et al., 8 Defendants. _____________________________________/ ORDER DENYING AS MOOT DEFENDANTS’ MOTIONS TO DISMISS ORDER DISMISSING WITHOUT PREJUDICE AMENDED COMPLAINT 9 10 Pending before the Court are Defendants’ Motions to Dismiss. Dkt. Nos. 17, 18. However, on March 8, 2013, Plaintiff filed an Amended Complaint. Dkt. No. 24. Under Federal Rule of Civil 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Procedure 15, a party may amend its pleading once “as a matter of course” within “21 days after 13 service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1). 14 Thus, as no prior amended complaints have been filed, Plaintiff was entitled to file an amended 15 complaint as a matter of course under Rule 15(a). The amended complaint supersedes the original 16 complaint, which is treated as non-existent. Since Defendants’ motions are based on Plaintiff’s 17 original complaint, the Court hereby DENIES Defendants’ motions as moot. 18 However, upon review of the Amended Complaint, the Court finds Plaintiff’s allegations 19 unclear. Accordingly, the Court DISMISSES Plaintiff’s Amended Complaint WITHOUT 20 PREJUDICE. Plaintiff shall file a second amended complaint that complies with the guidelines set 21 forth in Federal Rule of Civil Procedure 8(a). This rule requires that a complaint for relief include 22 (1) a short and plain statement of the grounds for the court's jurisdiction; (2) a short and plain 23 statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief 24 sought. A pleading may not simply allege a wrong has been committed and demand relief; it must 25 state the elements of the claim plainly and succinctly. Plaintiff must allege with at least some degree 26 of particularity the facts in which defendants engaged to support her claims. Jones v. Cmty. Redev. 27 Agency, 733 F.2d 646, 649 (9th Cir. 1984). 28 If Plaintiff chooses to amend the complaint, it is recommended that she either type the 1 amended complaint or handwrite it in a manner that is legible. It is also recommended that Plaintiff 2 obtain a copy of the Court’s Handbook for Litigants Without a Lawyer, which is available free of 3 charge in the Clerk’s Office, or online at This handbook 4 provides an explanation of the required components of a complaint, which include the following: 5 6 7 8 9 1. Caption page 2. Subject matter jurisdiction 3. Venue 4. Intradistrict assignment 5. Parties 6. Statement of facts 7. Claims 8. Request for relief 9. Demand for jury trial 10. Signature 10 The Court also advises Plaintiff that there are two additional resources available. First, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiff may wish to seek assistance from the Legal Help Center, located on the 15th Floor of the 13 Federal Building, 450 Golden Gate Avenue, San Francisco, California, in Room 2796, where 14 Plaintiff may sign up for a free appointment with an attorney who may be able to provide basic legal 15 help, but not legal representation. The telephone number for scheduling an appointment with the 16 Legal Help Center is (415) 782-9000, extension 8657. Second, the San Francisco Bar Association 17 operates a lawyer referral service which may be helpful in securing pro bono counsel. 18 Consistent with the instructions in this Order, Plaintiff shall file any amended complaint by 19 April 17, 2013. Failure to file an amended complaint by April 17 shall result in the dismissal of this 20 case with prejudice. 21 IT IS SO ORDERED. 22 23 Dated: March 13, 2013 _______________________________ Maria-Elena James United States Magistrate Judge 24 25 26 27 28 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?