Moye v. Lee et al

Filing 16

ORDER of Dismissal. Signed by Judge Edward M. Chen on 10/8/2014. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 10/8/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 MALINKA MOYE, 9 Plaintiff, v. 11 For the Northern District of California 10 United States District Court No. C-14-3235 EMC (pr) ED LEE; et al., 12 Defendants. ___________________________________/ ORDER OF DISMISSAL 13 14 Malinka Moye filed more than 17 pro se civil rights actions in a short six-week period while 15 he was in custody at the San Francisco County Jail. The Court reviewed the complaints pursuant to 16 28 U.S.C. §§ 1915 and 1915A; in a single order, the Court dismissed 17 of the complaints with leave 17 to amend to cure numerous problems.1 Mr. Moye then filed amended complaints in all 17 actions. 18 The amended complaint in this action is a rambling jumble of ideas and conclusory 19 allegations that is largely incomprehensible. The amended complaint fails to allege “a short and 20 plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). 21 The amended complaint also alleges fraud but, notwithstanding the instruction in the order of 22 dismissal with leave to amend, does not state with particularity the circumstances constituting fraud. 23 See Fed. R. Civ. P. 9(b). Due to the Court’s inability to understand the claim(s) being asserted in the 24 25 26 27 28 1 An eighteenth action filed during that six-week period, Moye v. Napa State Hospital, No. C 14-3121 EMC, alleged that Moye had been admitted improperly to the Napa State Hospital. That complaint was addressed in a separate order. Mr. Moye also has filed a petition for writ of habeas corpus apparently to challenge the criminal proceedings against him in San Francisco County Superior Court, Moye v. People, C 14-3729 PJH, that is pending. Any claim about his transfer to Napa State Hospital should be pursued in Case No. C. 14-3121 EMC, and any challenge to the lawfulness of his custody should be brought in a petition for writ of habeas corpus. 1 amended complaint, the Court cannot determine whether the amended complaint cures any of the 2 other problems identified in the order of dismissal with leave to amend. Further leave to amend will 3 not be granted because it would be futile: the order of dismissal with leave to amend identified the 4 deficiencies in the original complaint and Mr. Moye was unable or unwilling to cure them in his 5 amended complaint. There is no reason to believe that, with further leave to amend, he would be 6 able to present a coherent statement of his claim(s). 7 For the foregoing reasons, and the reasons stated in the order of dismissal with leave to 8 amend, this action is DISMISSED for failure to state a claim upon which relief may be granted. In 9 light of the dismissal, all pending motions are denied as moot. The Clerk shall close the file. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 Dated: October 8, 2014 _________________________ EDWARD M. CHEN United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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