Corelleone et al v. Grounds et al

Filing 10

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 7/30/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 7/30/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ACHILLES CORELLEONE,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-4338 PJH (PR)

vs.

ORDER OF DISMISSAL

RANDY GROUNDS; MATHEW CATE;
BILL ZIKA, PhD; V. LOMELLI; Capt.
MARTINEZ; D. FOSTER; C.D.
REECE; L. KENNAMORE; and JOHN
DOES 1-10,
Defendants.
/

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This is a civil rights case filed pro se by a state prisoner. The complaint was

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dismissed with leave to amend because plaintiff had provided only “the most conclusory

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allegations . . . .” The court set out the pleading standard described in Bell Atlantic Corp. v.

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Twombly, 550 U.S. 544, 555 (2007), and Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009), and

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concluded that the allegations were far from sufficient to state a plausible claim for relief.

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Plaintiff’s motion for an extension of time to amend (document number 8 on the docket) is

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GRANTED. The amendment is deemed timely.

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The amendment is not an improvement on the original complaint. In the “Grounds

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for Relief” section, plaintiff merely lists his claims; for instance: “Claim One: Violation of

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Due process placing me on “C/C” (hard C status) for an administrative Rules Violation

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Report for 5 month[s] & 1 day; Claim Two: Violation of Due Process by misclassifying

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RVR’s and putting me on “C” status for 90 days or more,” and so on. There are no factual

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allegations as to what each defendant actually did that purportedly violated his rights, and

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no factual allegations that suggest the violation of federal law.

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Plaintiff was afforded an opportunity to plead facts what would plausibly give rise to

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an entitlement to relief, and has not done so. The case is DISMISSED for failure to state a

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claim. The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: July 30, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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G:\PRO-SE\PJH\CR.11\CORELLEONE4338.dsm.wpd

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