Davis-Knotts v. State of California

Filing 5

ORDER by Judge Vince Chhabria denying 4 Motion to Appoint Counsel ; granting 3 Motion for Leave to Proceed in forma pauperis and Dismissing Complaint with Leave to Amend (knm, COURT STAFF) (Filed on 4/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYNTHIA D. DAVIS-KNOTTS,

Case No. 15-cv-01518-VC

Plaintiff,
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v.
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STATE OF CALIFORNIA,
Defendant.

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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS;
DENYING MOTION FOR
APPOINTMENT OF COUNSEL; AND
DISMISSING COMPLAINT WITH
LEAVE TO AMEND
Re: Dkt. Nos. 1, 3, 4

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United States District Court
Northern District of California

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The plaintiff seeks leave to proceed in forma pauperis. Because the plaintiff has made an
adequate showing of indigence, the application is granted.
Under 28 U.S.C. § 1915, however, the Court has a continuing duty to dismiss any case in
which a party seeks leave to proceed in forma pauperis if the Court determines that the action (1)
is frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks
monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). As
presently drafted, the complaint fails to state a cognizable claim. Rule 8 of the Federal Rules of
Civil Procedure provides that to state a claim, a pleading must contain, among other things, "a
short and plain statement of the claim showing that the pleader is entitled to relief." The Supreme
Court has made clear that while "showing" an entitlement to relief does not require "detailed
factual allegations," it does "demand[] more than an unadorned, the-defendant-unlawfullyharmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678, (2009) (citing Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007)).
The plaintiff's complaint appears to allege that she suffered a work-related injury while
working as a "Key Data Operator" for the State Compensation Insurance Fund ("SCIF"), and that
the SCIF paid for the plaintiff to retrain as a Program Technician, but that she was "never re-hired
back with the State of California as a state worker." The complaint does not provide any details

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about SCIF's alleged obligation to rehire the plaintiff, or any explanation about the plaintiff's

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efforts to seek a new position as a state worker.

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The plaintiff also requests that a case pending before the California Department of Fair

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Employment and Housing be transferred to this Court "for hearing and review." But the plaintiff

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provides no information about the current status of that case. Nor does the plaintiff provide any

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basis for the Court to assume jurisdiction over it.

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Finally, the plaintiff requests that the Court "review the case/inheritance never given to
[the plaintiff] under the Freedom Act." The complaint alleges that the plaintiff's father "was

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injured and never paid yet died." To the extent that the plaintiff alleges somebody acted illegally

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towards her, her complaint does not clearly identify the wrongdoers, does not explain what they

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United States District Court
Northern District of California

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did, and does not explain why their conduct was unlawful.

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Without these additional facts, the complaint fails to state a claim showing that the plaintiff

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is entitled to relief. Accordingly, the complaint is dismissed. In light of her pro se status, the

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plaintiff will be given leave to amend. If the plaintiff elects to amend, she must do so no later than

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May 8, 2015.

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The plaintiff's motion to appoint counsel is denied. However, the Court directs the

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plaintiff's attention to the Handbook for Pro Se Litigants, which is available along with further

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information on the Court’s website located at http://cand.uscourts.gov/proselitigants. The plaintiff

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may also wish to seek free limited legal assistance from the Federal Pro Bono Project by calling

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the appointment line at [phone] or by signing up in the appointment book located outside

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the door of the Project on the 15th floor of the Courthouse building. Through the Project, the

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plaintiff can speak with an attorney who will provide basic guidance (although not legal

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representation).

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IT IS SO ORDERED.
Dated: April 8, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYNTHIA D. DAVIS-KNOTTS,

Case No. 15-cv-01518-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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STATE OF CALIFORNIA,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 4/8/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Cynthia D. Davis-Knotts
7501 S. El Dorado Street
#7
French Camp, CA 95231

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Dated: 4/8/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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