Garcia v. Patty et al

Filing 11

ORDER by Judge James Donato denying 3 Motion for Default Judgment; denying 2 Motion to Produce. (lrcS, COURT STAFF) (Filed on 3/1/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE LUIS GARCIA, Plaintiff, 8 9 10 ORDER OF DISMISSAL WITH LEAVE TO AMEND v. Re: Dkt. Nos. 2, 3 PATTY, et al., Defendants. 11 United States District Court Northern District of California Case No. 16-cv-07239-JD 12 13 14 Plaintiff, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis. DISCUSSION 15 16 STANDARD OF REVIEW 17 Federal courts must engage in a preliminary screening of cases in which prisoners seek 18 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 19 § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims 20 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 21 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 22 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th 23 Cir. 1990). 24 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 25 claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed 26 factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to 27 relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a 28 cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above 1 the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations 2 omitted). A complaint must proffer “enough facts to state a claim to relief that is plausible on its 3 face.” Id. at 570. The United States Supreme Court has explained the “plausible on its face” 4 standard of Twombly: “While legal conclusions can provide the framework of a complaint, they 5 must be supported by factual allegations. When there are well-pleaded factual allegations, a court 6 should assume their veracity and then determine whether they plausibly give rise to an entitlement 7 to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). 8 9 10 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that: (1) a right secured by the Constitution or laws of the United States was violated, and (2) the alleged deprivation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). United States District Court Northern District of California 11 LEGAL CLAIMS 12 It is not clear the relief that plaintiff seeks or what is the underlying claim in his complaint. 13 He discusses the world economy and the North American Free Trade Agreement and he seems to 14 have lost money many years ago. To state a claim under § 1983 plaintiff must describe how a 15 state actor violated his federal rights. Plaintiff will be provided an opportunity to amend. CONCLUSION 16 17 1. The complaint is DISMISSED with leave to amend. The amended complaint must 18 be filed within twenty-eight (28) days of the date this order is filed and must include the caption 19 and civil case number used in this order and the words AMENDED COMPLAINT on the first 20 page. Because an amended complaint completely replaces the original complaint, plaintiff must 21 include in it all the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th 22 Cir. 1992). He may not incorporate material from the original complaint by reference. Failure to 23 amend within the designated time will result in the dismissal of this case. 24 25 26 2. Plaintiff’s motion for production of documents (Docket No. 2) and motion for default judgment (Docket No. 3) are DENIED meritless. 3. It is the plaintiff’s responsibility to prosecute this case. Plaintiff must keep the 27 Court informed of any change of address by filing a separate paper with the clerk headed “Notice 28 of Change of Address,” and must comply with the Court’s orders in a timely fashion. Failure to 2 1 do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of 2 Civil Procedure 41(b). 3 4 IT IS SO ORDERED. Dated: March 1, 2017 5 6 JAMES DONATO United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JOSE LUIS GARCIA, Case No. 16-cv-07239-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 PATTY, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on March 1, 2017, 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. 16 17 18 Jose Luis Garcia ID: E14150 Kern Valley State Prison P.O. Box 5103 Delano, CA 93216 19 20 21 Dated: March 1, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 4

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