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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARLENE CAMPBELL, Case No. 17-cv-00189-YGR Plaintiff, 8 v. ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM 9 10 992 PERALTA LLC, Re: Dkt. No. 5 Defendant. United States District Court Northern District of California 11 12 13 On January 25, 2017, the Court granted plaintiff’s application to proceed in forma 14 pauperis, and dismissed her complaint for failure to state any claims upon which relief could be 15 granted. (Dkt. No. 4.) In an abundance of caution, the Court gave plaintiff leave to file an 16 amended complaint no later than February 24, 2017. (Id.) Plaintiff filed an amended complaint 17 on that date. 18 The in forma pauperis statute provides that a court shall dismiss any action proceeding in 19 forma pauperis “at any time if the court determines that . . . the action or appeal . . . fails to state a 20 claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 21 1122, 1127 (9th Cir. 2000) (“It is also clear that section 1915(e) not only permits but requires a 22 district court to dismiss an in forma pauperis complaint that fails to state a claim.”). The Court 23 finds that the complaint is plagued with the same deficiencies that warranted dismissal in the first 24 instance. Plaintiff appears to claim that federal jurisdiction exists under the Endangered Species 25 Act and the American Disabilities Act, yet alleges no facts to support claims under the same or 26 under any viable cause of action. Thus, the Court finds that plaintiff has not alleged any 27 cognizable claims, nor has she shown that this Court would properly have subject matter 28 jurisdiction, in any event. 1 2 Accordingly, and because the Court finds that amendment here would be futile, the Court DISMISSES the instant action without leave to amend. 3 This Order terminates the action, and the Clerk shall close the file. 4 IT IS SO ORDERED. 5 6 7 Dated: March 9, 2017 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 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 2

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