Campbell v. 992 Peralta LLC et al

Filing 6

ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM. Signed by Judge Yvonne Gonzalez Rogers on 3/9/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARLENE CAMPBELL,

Case No. 17-cv-00189-YGR

Plaintiff,
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v.

ORDER DISMISSING COMPLAINT FOR
FAILURE TO STATE A CLAIM

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992 PERALTA LLC,

Re: Dkt. No. 5

Defendant.

United States District Court
Northern District of California

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On January 25, 2017, the Court granted plaintiff’s application to proceed in forma

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pauperis, and dismissed her complaint for failure to state any claims upon which relief could be

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granted. (Dkt. No. 4.) In an abundance of caution, the Court gave plaintiff leave to file an

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amended complaint no later than February 24, 2017. (Id.) Plaintiff filed an amended complaint

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on that date.

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The in forma pauperis statute provides that a court shall dismiss any action proceeding in

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forma pauperis “at any time if the court determines that . . . the action or appeal . . . fails to state a

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claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d

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1122, 1127 (9th Cir. 2000) (“It is also clear that section 1915(e) not only permits but requires a

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district court to dismiss an in forma pauperis complaint that fails to state a claim.”). The Court

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finds that the complaint is plagued with the same deficiencies that warranted dismissal in the first

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instance. Plaintiff appears to claim that federal jurisdiction exists under the Endangered Species

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Act and the American Disabilities Act, yet alleges no facts to support claims under the same or

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under any viable cause of action. Thus, the Court finds that plaintiff has not alleged any

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cognizable claims, nor has she shown that this Court would properly have subject matter

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jurisdiction, in any event.

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Accordingly, and because the Court finds that amendment here would be futile, the Court
DISMISSES the instant action without leave to amend.

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This Order terminates the action, and the Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: March 9, 2017
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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