Mendenhall et al v. Christensen et al

Filing 13

ORDER by Judge Charles R. Breyer adopting 9 Report and Recommendations. (crblc2, COURT STAFF) (Filed on 9/21/2016)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 11 JANICE MENDENHALL, et al., Plaintiffs, 12 13 14 No. 16-cv-4232 CRB ORDER ADOPTING REPORT AND RECOMMENDATION v. DIANA CHRISTENSEN, et al., Defendants. 15 / 16 17 The Court has reviewed Magistrate Judge Corley’s Report and Recommendation (dkt. 18 9), and notes that fourteen days have passed and no opposition has been filed. The Court 19 finds the Report correct, well-reasoned, and thorough, and ADOPTS it in every respect. 20 Accordingly, the Complaint is DISMISSED for lack of subject matter jurisdiction with leave 21 to amend. 22 Any amended complaint would need to be filed within 30 days and must also comply 23 with the guidelines set forth in Rule 8(a), which requires that a complaint include (1) a short 24 and plain statement of the grounds for the Court’s jurisdiction; (2) a short and plain statement 25 of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief 26 sought. A pleading may not simply allege a wrong has been committed and demand relief; it 27 must state the elements of the claim plainly and succinctly. Plaintiffs must allege with at 28 least some degree of particularity the facts that support their claim. Jones v. Cmty. Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). 1 As Plaintiffs are proceeding pro se, the Court directs their attention to the Handbook 2 for Pro Se Litigants, which is available along with further information on the Court’s website 3 located at http://cand.uscourts.gov/proselitigants. Plaintiffs may also contact the Legal Help 4 Center, 450 Golden Gate Avenue, 15th Floor, Room 2796, Telephone No. (415) 782-8982, 5 for free assistance regarding their claims. 6 7 IT IS SO ORDERED. 8 Dated: September 21, 2016 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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