Logan v. State Farm

Filing 12

ORDER dismissing with leave to amend 11 Amended Complaint filed by Charles W. Logan. Initial Case Management Conference continued to 11/14/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Case Management Statement due by 11/7/2017. Signed by Judge Kandis A. Westmore on 9/14/2017. (kawlc1, COURT STAFF) (Filed on 9/14/2017) (Additional attachment(s) added on 9/14/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHARLES W. LOGAN, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. STATE FARM, Defendant. Case No. 4:17-cv-03031-KAW ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND; ORDER CONTINUING CASE MANAGEMENT CONFERENCE Re: Dkt. No. 11 12 13 On July 27, 2017, the Court dismissed Plaintiff Charles W. Logan’s original complaint 14 with leave to amend pursuant to 28 U.S.C. § 1915(e)(2), as he failed to state a claim upon which 15 relief may be granted. (Dkt. No. 9.) On August 14, 2017, Plaintiff filed a first amended complaint, 16 which suffers from the same deficiencies as the original complaint. (First Am. Compl., “FAC,” 17 Dkt. No. 11.) Specifically, it is unclear from the facts alleged how the district court has 18 jurisdiction over the subject matter, particularly given that the attachments imply that the case 19 stems from a car accident. It is also unclear who the defendants are, aside from State Farm, and 20 which claims are alleged against them. 21 In light of the foregoing, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court 22 dismisses Plaintiff’s first amended complaint with leave to amend. Plaintiff shall file the second 23 amended complaint no later than October 6, 2017 or the case may be dismissed with prejudice. 24 Plaintiff is asked to restrict the facts in the second amended complaint to the car accident, and 25 refrain from general allegations of a government conspiracy. 26 In amending his complaint, Plaintiff is again referred to the Federal Pro Bono Project’s 27 Help Desk for assistance—a free service for pro se litigants—by calling (415) 782-8982 to make 28 an appointment. While the Help Desk cannot represent Plaintiff, a licensed attorney may assist 1 him with determining which claims are potentially actionable, as well as how to properly format 2 the second amended complaint so that the causes of action are properly pled. Appointments are 3 available at the San Francisco and Oakland courthouses. Plaintiff is advised that the failure to 4 state a claim in the second amended complaint may result in the entire case being dismissed. 5 Additionally, the case management conference noticed for October 17, 2017 is continued 6 to November 14, 2017 at 1:30 p.m. in Courtroom 4, 1301 Clay Street, Oakland, California. The 7 case management conference statement is due by November 7, 2017. 8 9 IT IS SO ORDERED. Dated: September 14, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 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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